Question
What are the steps to start mediation?
After weeks of conflict, the customer is finally open to mediation. I want to know exactly what to do next—who contacts whom, what should be in writing, and how to prepare.
Answer
To start mediation, you typically send a written request, agree on a mediator, and prepare your position and documents. The process is collaborative, so both sides need to agree on moving forward.
Once mediation is accepted, the focus shifts to organizing the process and getting ready for a productive discussion.
How do you formally start mediation?
Start by sending a clear written request (email or letter) proposing mediation. Reference your contract if it includes a mediation clause and suggest next steps, like possible mediators or dates.
Next, both parties agree on a neutral mediator. This can be an individual or a service like AAA or JAMS. After that, you'll usually sign a short mediation agreement that covers confidentiality, fees, and the process.
How should you prepare for mediation?
Preparation is key. Gather all relevant documents, including the contract, communications, invoices, and any evidence tied to the dispute.
You may also need to submit a short summary of your position. It helps to define your goals, what outcome you want, and where you are willing to compromise.
What to do next...
- Send a written request proposing mediation.
- Suggest mediators or ask the other party for options.
- Gather key documents and organize your timeline.
- Prepare a clear summary of your position and goals.
What to consider in your specific situation
While the process is similar in most cases, details can vary based on your agreement and dispute.
- Whether your contract requires specific mediation steps.
- How the mediator is selected and paid.
- The complexity and value of the dispute.
- The relationship with the other party.
- The level of documentation and evidence available.
- The willingness of both sides to compromise.
A well-prepared mediation can save time and cost compared to formal disputes. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.

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Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

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Mediation clauses require parties to attempt to resolve disputes with the help of a neutral third party before escalating further. These questions explain how mediation works and when it can help avoid more formal proceedings.
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Disclosures
- This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.