Pre-Litigation Mediation Process

Step by Step:

Step 1: Initial Contractual Agreement

We begin with a mediation agreement that establishes the framework for our work together. This document outlines confidentiality protections, the voluntary nature of mediation, fee structure, and each party's rights and responsibilities throughout the process.

Your commitment: Review and sign the agreement
Timeline: Completed before mediation begins
Investment: $945 ($315/hour × 3 hours), divided between parties, due when session is scheduled

 

Step 2: Pre-Mediation Questionnaire

Before our first joint session, each party completes a brief questionnaire designed to help me understand your perspective, priorities, and desired outcomes. You can submit your responses in writing or via video (5-minute maximum per question). This preparation helps me tailor the mediation approach and identify potential areas of common ground before we meet.

Your commitment: 30–45 minutes to thoughtfully complete five questions
Purpose: Understand each party's priorities, assess readiness for mediation, and focus the first session
Timeline: Submitted within 7 days of request

Pre-Mediation Questionnaire (For Each Party)Instructions:

Please answer the following questions in writing or via video (5-minute maximum). Your responses will help me prepare for our first session and remain confidential unless you choose to share specific points during mediation. Submit your responses at least 7 days before our scheduled session.

1. 1. What brought you to mediation at this point?
      Describe the key events or circumstances that led you to seek mediation now. What has changed or escalated that made this feel necessary?
      
   2. What does a successful resolution look like for you?
      Beyond winning or being right, what specific outcomes would allow you to move forward and consider this dispute resolved?
   3. What concerns you most about NOT resolving this issue?
      What are the consequences—financial, relational, practical, or emotional—if this situation continues unresolved?
   4. What do you think the other party needs or wants from this process?
      From your perspective, what matters most to them? What do you think they're trying to achieve or protect?
   5. What would make you feel heard and respected in this process?
      What conditions, ground rules, or approaches would help you participate fully and constructively in mediation?

 

Step 3: Preparation & Scheduling

I'll prepare the mediation framework and schedule our first joint session. You may receive a brief pre-mediation questionnaire or task to help focus your thinking before we meet.

Your commitment: Respond to any pre-session materials
My commitment: 1–2 hours of preparation
Timeline: 3–5 business days

 

Step 4: First Joint Mediation Session

This is where the collaborative work begins. In this session, we establish ground rules, clarify the issues in dispute, and begin exploring each party's underlying interests and concerns. My role is to create a safe environment where both parties can be heard and understood.

What happens:

• Opening statements from each party
• Identification of key issues and priorities
• Initial exploration of interests (not just positions)
• Discussion of what a successful resolution would look like for each party

Your commitment: 3 hours (typically scheduled to begin at 9am, 1pm, or 2pm)
Investment: $945 ($315/hour × 3 hours), divided between parties, due when session is scheduled
Format: In-person or video conference 

 

If We Reach Agreement During This Session:
Many disputes are resolved in the first joint session. If we reach agreement on all material terms, I will draft the settlement agreement immediately—while we are still together, whether in person or on conference call. My goal is to have a signed agreement by the end of the day, if not during the session itself. This approach prevents the common problem of parties having "second thoughts" or disputes arising over what was actually agreed upon.

Important Note on Enforceability: Once all parties sign the written settlement agreement, it becomes an enforceable contract. This is true whether the mediation occurs before or during litigation. If a party violates the signed agreement, the other party can file a lawsuit for breach of contract or, if litigation was already pending, refile the original claims. However, if parties leave mediation with only verbal agreement or unsigned terms, the agreement is generally not enforceable. This is why same-day execution is so valuable—it protects both parties by creating certainty and finality.

What If Litigation Later Occurs: If an agreement is reached and signed but later breached, and one party files a lawsuit, the signed mediation settlement agreement can be presented to the court as evidence of the parties' prior agreement. The breaching party could face liability for both the original dispute and breach of the settlement contract. Conversely, if no agreement is reached in mediation and litigation follows, the confidential mediation discussions themselves cannot be referenced or used as evidence in court—only the fact that mediation occurred.

 

Step 5: Second Mediation Session (If Needed)*

If agreement was not reached in Step 4, we schedule a second three-hour session. Up to 90 minutes of this billable time is allocated to my preparation, which includes individual caucuses with each party and review of the outcomes from our first session. I use this prep time to identify areas of common ground, clarify remaining points of disagreement, and explore potential pathways to resolution.

What happens:

• Private consultations with each party (caucuses)
• Identification of common ground and remaining obstacles
• Development and evaluation of creative solutions
• Reality-testing of proposed options
• Refinement of terms

Your commitment: Up to 3 hours (includes up to 90 minutes of joint session time)
Investment: $945 ($315/hour × 3 hours), divided between parties, due when session is scheduled
Format: video conference

If We Reach Agreement During This Session:
Following the same protocol as Step 4, I will draft the settlement agreement immediately while we are together, with the goal of securing signatures by end of day.

 

Step 6: Third Mediation Session (If Needed)*

If agreement was not reached in Step 5, we schedule a third and final three-hour session using the same structure: up to 90 minutes for my preparation (including individual caucuses and case review) and remaining time for joint problem-solving.

Your commitment: Up to 3 hours (includes up to 90 minutes of joint session time)
Investment: $945 total ($315/hour × 3 hours), divided between parties
Format: In-person or video conference

If We Reach Agreement During This Session: I will draft the settlement agreement immediately while we are together, with the goal of securing signatures by end of day.

 

Policies:

Maximum of Three Sessions

I provide up to three mediation sessions for pre-litigation disputes. This structure reflects the reality that if parties cannot reach agreement within three focused sessions, the benefits of pre-litigation mediation begin to diminish. At that point, the dispute typically involves complexities, entrenched positions, or legal issues that may be better addressed through formal litigation or require more extensive legal discovery before productive settlement discussions can occur.

If we reach the end of the third session without full resolution, I will provide you with:

• A summary of areas where agreement was reached (if any)
• Identification of the remaining points of disagreement
• Recommendations for next steps, which may include seeking legal counsel, engaging in formal litigation, or considering alternative dispute resolution approaches

Finalization (When Agreement Is Reached)

Once a settlement agreement is drafted and signed during any of the mediation sessions, the process is complete. The signed agreement becomes a binding contract between the parties and can be enforced if necessary. Many parties in pre-litigation matters choose to sign immediately to secure the resolution; however, you always have the right consult an attorney first..

Your commitment: Final signature (legal review recommended but optional)
Timeline: Completed during the session when agreement is reached

 

Payment Structure

Steps 1–3 (Initial Setup & Preparation): $945
Payment is due when the mediation agreement is executed. This covers the contractual agreement, pre-mediation questionnaire review, preparation, and scheduling of the first session.

Steps 4, 5, and 6 (Mediation Sessions): $945 per session
Payment is due when each session is scheduled. Each three-hour session includes:

• Up to 90 minutes of preparation time (individual caucuses, case review, preparation)
• Joint mediation time with both parties
• Bonus: If we reach agreement during the session, the first 30 minutes of drafting time is complimentary. If drafting extends beyond 30 minutes, additional time is billed in half-hour increments at the standard rate ($157.50 per half hour).

If No Agreement Is Reached: $315 (one hour)
If mediation concludes without resolution after the third session, I will provide a written summary of progress, areas of agreement, remaining issues, and recommendations for next steps. This final write-up is billed at one hour.

 

Timeline:

2–6 weeks from start to signed agreement

 

Cancellation Policy:

If a mediation session is cancelled or rescheduled with less than five (5) calendar days' notice, a cancellation fee of $472.50 (half the session rate) applies.

 

Confidentiality & Your Rights:

All mediation discussions are strictly confidential. Nothing said in mediation can be used in court if the mediation doesn't result in agreement. You maintain the right to withdraw from mediation at any time, for any reason. Any agreement reached is voluntary and will be reviewed by your own legal counsel before becoming binding.

 

Next Steps:

To begin the process:

1. Review and sign the mediation agreement
2. Submit any requested background materials
3. Schedule your initial pre-mediation consultation (if applicable)
4. Confirm attendance for the first joint session

Questions? Contact Voltage Vista to discuss whether pre-litigation mediation is right for your situation.