Office of Adjudications

Mediation Fact Sheet

What Is Mediation?

• Mediation is a problem-solving process to help parties reach agreement and resolve issues in potential or pending matters before the Office of Adjudications. Its goal is to settle matters and reach consensus without the need for a formal hearing process.
• Mediation is not a legal proceeding. It is strictly voluntary and all participants must agree to mediate. If a resolution is reached, it may be memorialized through an agreement that is acceptable to and binding on all parties. 
• The process will be facilitated by a trained mediator who is a neutral third party. The mediator is not and will not serve as the hearing officer.
• Mediation can be requested by any party involved in a disputed matter at any time, either before a hearing starts or at any time after a hearing begins. Mediation may also be suggested by a hearing officer.
• When parties mediate, they decide how to resolve their differences. They are in control of the outcome, not the mediator.
• Before mediation begins, the participants may be asked to sign an agreement outlining the terms and conditions of the mediation to ensure mutual understanding and consent. (See Sample Agreement)
• At the initial mediation session, the mediator will discuss the process and answer any questions that participants may have. The participants will then have the opportunity to present their perspective on the issues in dispute.
• The process is confidential; information shared during mediation will not be disclosed to anyone without the consent of all participants, including a hearing office, if the matter becomes the subject of a hearing.
• The rules that prevent private or ex parte communications to a hearing officer do not apply; participants in a mediation can speak to a mediator at any time without the presence of the other parties.
• All appropriate participants must attend all mediation sessions, particularly individuals who have the authority to make decisions and reach agreements.
• All participants must be open to good-faith discussions to resolve issues in dispute. If the mediator does not believe an agreement can be reached or that the parties are participating in good faith, the mediator may recommend ending the mediation.
• The mediator may have separate meetings (“caucuses”) with the participants. During a caucus, participants may discuss their interests or issues with the mediator in confidence.
• The mediation process continues with joint meetings and caucuses to consider options, develop solutions, and ultimately reach an agreement for resolution.
• Mediation may not resolve a matter at a single session. A mediation may continue as long as the participants keep working to resolve a matter.

Why Should I Mediate?

• Mediation is an opportunity to discuss disputes without conflict or argument. 
• Mediation can help parties move beyond barriers created by emotions or conflict.
• Mediation can be cost-effective and efficient, and often avoids more lengthy negotiations or a hearing.
• Participants fully participate in the process and decide on settlement terms.
• Mediation may allow for a more creative and cohesive solution to an issue or issues than can be determined through the hearing process.
• Even if the parties do not reach a full agreement, some issues may be resolved.
• Participation in a mediation carries no risk; if unsuccessful, nothing that was disclosed or discussed during that process is admissible in any subsequent hearing.

What Are My Responsibilities?

• Be prepared to discuss the issues, explain your interests or concerns, share information, and propose or consider all solutions.
• Listen attentively and ask questions to clarify anything that is not clear.
• An attorney need not be present to represent you, but get expert advice when necessary.
• Keep all discussions confidential, unless agreement is reached on disclosure.
• Ensure individuals attend the mediation who have the authority to negotiate and settle the matter.

Content last updated April 2023