Mediation can feel like uncharted territory for clients and even some attorneys.
Here’s a clear, step-by-step view of how a commercial mediation unfolds, so you know ahead of time what to expect, how to prepare, and how the team at Windsor PLC approaches mediation with professionalism, neutrality, and efficiency.
Step 1: Getting Ready (Pre-Mediation)
Before you ever walk into the mediation room, work is happening.
The parties agree to mediate and select a neutral mediator experienced in business matters.
Lawyers and their clients talk strategy: What really matters? What’s our best-case? Our walk-away point?
Both sides gather documents, such as contracts, correspondence, emails, and financials, and prepare a position summary.
At Windsor PLC, we prioritize “understanding context” by reviewing your relevant contracts and correspondence, and talking with the attorneys ahead of time.
Step 2: The Opening Session
Once everyone gets together (in person or virtually), the mediator explains the process and ground rules around confidentiality and communication.
Then each side has an opportunity (with their lawyer or directly) to outline their view: “Here’s what happened; here’s what we want.”
It is less about deep negotiation and more about explaining your perspective.
Step 3: Exploration & Reality-Testing
With both sides’ views on the table, the mediator works to understand the underlying interests involved: What does each side really care about? What are alternatives if we don’t settle?
Often that is achieved via separate “caucuses” (where the mediator meets each side privately) so candid discussion can happen away from the full group.
At Windsor PLC, we study your business issue in advance, meaning your time is spent productively, not catching your mediator up on contract terms and documentation.
Step 4: Negotiation & Solution Generation
Once the issues and interests are clarified, the mediator guides participants through brainstorming possible solutions.
That can lead to more customized, creative terms than you would get with a standard court order.
The mediator may shuttle back and forth between parties or bring everyone together when appropriate. The goal is to identify packages of terms that each side can live with.
This process helps each side focus on what matters most to them, meaning that commercial mediation can be less “risky” or “unpredictable” than commercial litigation in front of a judge who has multiple cases to decide before and after yours.
Step 5: Agreement & Formalizing
If a settlement is reached, the mediator assists in converting it into a written agreement (sometimes immediately).
We can help formalize the agreement so it’s legally enforceable.
If you’re facing a business dispute and want more control over the outcome, consider mediation. Schedule a consultation with Windsor PLC to learn more.
Frequently Asked Questions About Mediation in Business Disputes
Is the mediator like a judge?
No. The mediator does not decide the outcome. The mediator is a neutral facilitator who helps parties communicate, identify interests, and generate options. But the parties themselves decide whether to agree.
How long will the mediation take?
It depends on the complexity and number of parties. Many mediations aim for a one-day resolution, but follow-up sessions may be required.
What about confidentiality? Will what is said in mediation hurt us later in court?
Mediation is typically confidential. Most jurisdictions, including the San Francisco Bay Area, protect mediation communications from being used in later legal proceedings.
