What being ordered to mediate means
Courts in New York, both state and federal, use mediation programs to help cases settle, and in many courts a referral is a routine step rather than a signal about the merits. Being ordered to mediate usually means you must attend and participate in good faith; it does not mean you must settle. The mediator has no power to decide the case and generally does not tell the judge what was said or who seemed more persuasive. Programs differ on how mediators are chosen, how they are paid, and how much time is set aside, so the referral order and the program's rules are worth reading closely. Ignoring an order to attend can lead to consequences from the court.
Preparing so the session is useful
Mediation tends to work when each side arrives knowing its strongest and weakest points. We prepare a short statement for the mediator, sometimes shared with the other side and sometimes kept confidential, and we gather the documents that support your numbers. Think in advance about what you actually need from a resolution, which is not always the same as what the complaint demands. Someone with real authority to agree should be present or reachable, including an insurer's representative if insurance is involved. What is said in mediation is generally confidential and protected from use at trial, but that protection has limits, so ask us before disclosing something especially sensitive.
If it settles, and if it does not
When a deal is reached, the terms should be written and signed before everyone leaves, since an informal understanding at the end of a long day can unravel. The agreement should say how the case will be ended and what happens if a payment is missed. If no settlement comes out of the session, the case returns to the court's ordinary schedule, and offers made there generally cannot be used to prove liability. Even unsuccessful sessions often narrow the issues or open a channel that leads to settlement later. In a first consultation we look at where your case stands, what the court's program requires, and how to use the session well.
