Questions That Clarify Mediator Fit

So, you’re looking into mediation? That’s a smart move. It can be a really effective way to sort things out without going to court. But picking the right mediator is key, right? You wouldn’t just hire any plumber for a leaky pipe, so why would you pick just any mediator? Asking good questions upfront can save you a lot of headaches later on. It’s all about finding someone who clicks with your situation and makes you feel comfortable. Let’s talk about some questions for a mediator that can help you figure out if they’re the right fit.

Key Takeaways

Understand the mediator’s basic job: they help people talk and find solutions, but they don’t make decisions for you. They stay neutral.
Check if the mediator has experience with issues like yours. Knowing the subject matter can make a big difference.
Ask about their communication style. Do they listen well? How do they handle tough moments in a conversation?
Be clear on how they charge. Are there hourly rates, flat fees, or something else? Transparency is important.
Make sure they follow rules about keeping things private and are upfront about any potential conflicts of interest.

Understanding the Mediator’s Role and Approach

Mediation is more than just a set of steps—it’s about the person guiding the process. Understanding how a mediator operates is the only way to figure out if they’re a good fit for your dispute. Let’s break down what you should ask about their role, how they differ from judges and arbitrators, and how committed they are to staying neutral throughout the process.

What Does a Mediator Do?

A mediator’s main job is to guide conversations in a way that helps everyone communicate and find practical solutions. They keep the process on track by:

Asking questions to clarify what each side really wants
Summarizing points so everyone feels understood
Helping to identify common interests beneath the surface
Reframing negative statements into more constructive language

You’ll notice mediators don’t decide who is right or wrong—they’re all about process, not judgment.

Distinguishing Mediator Functions from Adjudication

Unlike a judge, the mediator has no power to impose a decision or force anyone to accept terms. Here’s how the roles stack up:

Mediator	Judge/Arbitrator
Facilitates discussion	Issues binding decisions
Focuses on communication	Focuses on legal rights
Process is confidential	Proceedings are typically public
Solutions are voluntary	Decisions are imposed

If you want control over the outcome, mediation keeps the power with you, not with a third party.

The Mediator’s Commitment to Neutrality

A trustworthy mediator never takes sides. Here’s what you can expect if neutrality is a priority:

Transparent about any prior connections with the parties
Keeps the conversation balanced (one person can’t dominate)
Refrains from giving legal advice
Clearly explains their ethical duties, including confidentiality and conflict of interest policies

Making sure your mediator is committed to fairness means both sides get an equal chance to speak and shape the outcome—no hidden agendas.

When picking a mediator, don’t be afraid to ask directly: “How do you stay impartial during tough disputes?” or “What would you do if you realized a conflict of interest?” The answers should give you confidence that the process will be handled openly and fairly.

Assessing Mediator Experience and Specialization

When looking for a mediator, it pays to be picky about experience and fit. Mediators aren’t one-size-fits-all. Every dispute is unique, so you want to know your mediator actually understands your situation—not just mediation in general. This section breaks down how to figure out if a mediator has the right background for your case.

Evaluating Experience with Similar Cases

A mediator who has worked on cases like yours can spot early warning signs and prevent things from falling through the cracks. Ask for examples of similar situations they’ve handled—family disputes, workplace clashes, business contracts, neighborhood conflicts, or something highly specific.

Points to consider:

How many years have they been mediating in your area of concern?
Are they comfortable working with multi-party or high-tension scenarios?
What do past clients say about their approach?

A simple table can help you organize the mediator’s experience:

Dispute Type	Number of Cases	Years of Experience	Notable Outcomes
Workplace	30	8	Improved team relationships
Family	50	12	Custody agreements
Commercial	20	5	Quick contract solutions

If the mediator hesitates to share this info or can’t point to outcomes similar to yours, that’s a red flag.

Identifying Subject-Matter Expertise

The details matter. Mediation for environmental disputes is not the same as mediating a parent-teen conflict. Look for:

Formal training in your dispute area (like family, workplace, or commercial mediation)
Membership in professional organizations related to your conflict type
Participation in advanced programs or certification for specialized topics—as seen in rigorous mediation training standards

The more directly a mediator’s background lines up with your problem, the smoother the process usually goes.

Understanding Mediator Specializations

Specialization is about more than just past cases. Some mediators focus on a single arena—like elder care, healthcare, community, or virtual disputes. Others might split their work across several fields. Areas you might ask about include:

Online Dispute Resolution (ODR)
Restorative justice
Sports, entertainment, or healthcare mediation
High-conflict or trauma-informed mediation

Here’s a quick way to ask about specialization:

“What types of disputes do you handle most often?”
“Have you undertaken special training or certifications?”
“What do you see as the biggest challenge in cases like mine?”

Familiarity with your kind of dispute shapes the mediator’s toolkit and impacts the outcome.

Remember, for complicated or sensitive disputes, the extra effort to check fit and background pays off. Mediators serious about their profession will have no problem walking you through their experience and areas of focus.

Exploring Mediator Communication and Style

Understanding how a mediator communicates and manages the room can shape the entire mediation process. Every mediator brings their own way of talking things through, handling tense moments, and moving conversations forward. Let’s break down what to ask and watch for when it comes to their style.

Inquiring About Mediation Styles

There’s no single way mediators approach conflict. Some are hands-off, some are more direct, and some focus mostly on relationships and communication.

Facilitative mediators guide conversations and let parties shape their own solution.
Evaluative mediators give more feedback, reality-checks, and sometimes talk about legal risks or strengths.
Transformative mediators zoom in on bettering understanding and communication, even if agreement takes a back seat.

Choosing a mediation style that fits your needs can make all the difference. If you want to keep things practical and solution-focused, facilitative or evaluative might work best. If restoring trust or improving communication is your top concern, ask about experience with transformative methods.

Assessing Communication and De-Escalation Techniques

A good mediator knows how to:

Listen without interrupting, making parties feel really heard.
Rephrase or restate what was said, so there are no misunderstandings.
Stay calm and slow things down if tempers flare.
Address hostile language or body language.
Ask thoughtful questions to dig deeper into concerns.

Here’s a quick look at some core techniques:

Technique	Purpose
Active Listening	Shows understanding and respect
Reframing	Reduces tension, clarifies issues
Neutral Summaries	Keeps everyone on the same page
Strategic Questions	Opens up new solutions
De-escalation Tools	Prevents conversations from boiling over

Open, honest, and steady communication from the mediator helps everyone lower their guard and try to solve the problem together.

Understanding the Mediator’s Approach to Dialogue

Ask potential mediators about their ground rules and how they keep dialogue respectful. Some things to look for or ask about:

How do you make sure both sides are able to speak?
What do you do if someone gets emotional, angry, or shuts down?
Do you use joint sessions only, or are private meetings (caucuses) part of your process?
What are a few phrases or questions you use to keep things moving?
How do you keep people focused on interests instead of old arguments?

Most mediators will have some personal examples. Their answers can tell you a lot about how comfortable they are talking about tough subjects, and whether they seem genuinely interested in helping everyone feel heard.

Remember: The style and communication of your mediator will set the tone for the whole process. It’s worth the time to find a fit that feels right for your situation.

Clarifying Mediator Fees and Financial Arrangements

When you’re looking to resolve a dispute, understanding how a mediator gets paid is pretty important. It’s not always straightforward, and different mediators have different ways of structuring their fees. You want to make sure you’re clear on this upfront to avoid any surprises down the road. Transparency in billing is key to a smooth mediation process.

Understanding Fee Structures

Mediators typically charge in a few main ways. Some charge by the hour, which can be good if you think the process will be quick, but it can be unpredictable if things drag on. Others prefer a flat fee, which gives you a set cost for the entire mediation, or for a specific phase of it. Sometimes, mediators might offer package deals, especially if they anticipate a certain number of sessions or a specific type of case. It’s always a good idea to ask about these options and see what makes the most sense for your situation.

Hourly Rates: You pay for the time the mediator spends working on your case, including preparation and sessions.
Flat Fees: A set price for the entire mediation or a defined portion of it.
Package Deals: Bundled services, often for specific case types or a set number of sessions.

Inquiring About Hourly Rates and Flat Fees

If a mediator charges by the hour, you’ll want to know what that rate is. Also, ask if preparation time is included in that hourly rate or billed separately. Some mediators might also charge for administrative tasks or travel time. For flat fees, understand exactly what is covered. Does it include all sessions, or just the initial ones? What happens if you go over the allotted time? Getting these details ironed out early can prevent misunderstandings later on. It’s also worth asking if there are any additional costs, like for drafting the final agreement. You can find more information on effective mediation preparation which often includes understanding these financial aspects.

Ensuring Transparency in Billing

Good mediators are upfront about their fees. They should provide you with a clear written statement outlining their billing practices before you start. This might be part of the initial agreement to mediate. Make sure you understand how you’ll be billed, when payments are due, and what happens if there are any unexpected costs. Don’t hesitate to ask questions until you feel completely comfortable. A mediator who is willing to discuss fees openly and honestly is usually a good sign of their overall professionalism.

Clear financial arrangements build trust and allow parties to focus on resolving their dispute without added stress about unexpected costs.

Investigating Mediator Confidentiality and Ethical Standards

When deciding if a mediator is right for you, confidentiality and ethics need to be front and center. You want to know that what you say won’t become coffee shop talk or show up in a future lawsuit. So let’s break down what to ask about—and why it matters.

Understanding Confidentiality Policies

Confidentiality is the thread that holds effective mediation together. A good mediator explains—right at the start—what they can keep private and what exceptions might pop up. These exceptions often include threats of violence, child abuse, or explicit legal requirements. You don’t want to be surprised after you’ve shared sensitive details. The Uniform Mediation Act sets a basic standard in several states, but practices can differ. It’s worth asking specifically:

What information will be kept confidential?
In what situations could that confidentiality be broken?
How are records and notes stored or disposed of?
Does your state have specific laws on mediation confidentiality?

The foundation of candid conversation in mediation is trust, and that trust comes from clear, upfront explanations about the privacy boundaries of the process.

Inquiring About Ethical Guidelines

Every professional mediator should stick to a code of ethics—usually one established by a respected association or court program. This covers things like neutrality, competence, impartiality, and continuous learning. Don’t be afraid to ask straight questions:

Which ethical code do you follow?
How do you stay up to date with ethical rules for your practice?
What’s your process if an ethical dilemma comes up in a case?

Being able to answer these shows you’re talking to someone serious about the role, not just someone who’s filling a seat. Transparency here helps both parties understand their rights and responsibilities, and shows the mediator cares about the process’s integrity. For a deeper sense of what that looks like in practice, review mediator ethical duties and best practices.

Assessing Conflict of Interest Disclosures

You don’t want to find out after mediation that your mediator once dated your opposing party’s cousin. Any hint of a connection, prior professional work, or even a business interest should be disclosed. Here are some quick checks:

Ask if the mediator has ever worked with either party before.
Find out if the mediator has any personal or financial links to the people or issues involved.
Ask how the mediator handles new conflicts of interest that may appear during mediation.

Typical Disclosure Table

Conflict Type	Example	Action Required
Prior Professional	Previous legal work for either party	Disclose, recuse if needed
Personal	Family or friend connections	Disclose, discuss with parties
Financial	Investments or business ties with a party	Disclose, recuse if needed

Mediators who dodge these questions probably aren’t the right fit—full disclosure builds confidence.

The best mediators always keep the playing field level by acknowledging possible conflicts and recusing themselves if needed.

Evaluating Mediator’s Approach to Power Dynamics

When looking for a mediator, how they handle the balance of power between parties can make or break the process. A good mediator recognizes when one side may have more confidence, information, or resources than the other and actively works to build a level playing field. You don’t want anyone to walk away feeling steamrolled, ignored, or pressured into an agreement.

How Power Imbalances Are Addressed

There are a handful of reasons someone might feel at a disadvantage during a mediation session. Sometimes one party has more experience, language skill, legal knowledge, or support. Sometimes it’s just personality differences. A skilled mediator will:

Set clear ground rules for equal participation
Provide each person uninterrupted speaking time
Ask open-ended questions that invite both voices
Check in privately (caucus) if someone seems hesitant or overwhelmed

If you ever feel overshadowed or unable to share your side, it’s important to mention it early. Part of the mediator’s job is to make sure everyone gets heard, not just the loudest or most prepared.

Techniques for Power Balancing

Not every mediator tackles these differences the same way. Here are a few common techniques you can ask about in advance:

Caucusing: Meeting with each party separately when needed, which can help less-assertive parties state their needs without feeling exposed
Structured turn-taking: Setting a fixed order for contributions so discussions stay organized
Supportive questioning: The mediator may rephrase or summarize points, helping someone clarify or assert their perspective
Providing access to resources: They might suggest bringing in outside support like interpreters or legal advice if necessary

This table shows some ways mediators counteract power imbalances:

Technique	Common Situation
Separate meetings (caucus)	One person is too anxious
Turn-taking rules	One party dominates dialogue
Support resources	Language or info gaps

Ensuring Fairness and Legitimacy

Fairness isn’t just a buzzword. It means both sides trust the process and outcome—not just that it “feels good,” but that the final agreement actually reflects real choices. Ask potential mediators:

How do you check that everyone is comfortable with the pace and process?
What do you do if someone feels pressured?
Do you have experience dealing with different backgrounds or communication styles?

Self-determination is at the core of mediation, so the mediator should respect your right to make decisions, even if you choose not to agree. Ultimately, the process only works if everyone believes their input mattered and the conditions were balanced.

Determining Mediator’s Suitability for Specific Disputes

Assessing Dispute Appropriateness for Mediation

Not every disagreement is a good fit for mediation. It’s like trying to fit a square peg into a round hole if the situation isn’t right. The first step is figuring out if mediation is even the best path forward for what you’re dealing with. Think about what you actually want to achieve. Are you looking for a quick fix, or do you need a solution that lasts and maybe even helps repair a relationship? Mediation shines when parties want to keep control over the outcome and are willing to talk things through. It’s less ideal if one party is just looking to win at all costs or if there’s a serious need for a judge to make a ruling based on legal precedent.

Here are some things to consider:

What’s the main goal? Is it about finding a practical solution, preserving a relationship, or something else?
Is everyone willing to participate? Mediation requires people to show up and engage, not just be forced into it.
What’s the history? Are there ongoing issues that need addressing, or is this a one-off problem?
What are the alternatives? How does mediation compare to going to court or just trying to hash it out yourselves?

Sometimes, the very nature of a dispute makes mediation a more sensible choice than other methods. It’s about finding the right tool for the job, and mediation offers a unique set of advantages when applied to the right kind of conflict.

Screening for Safety and Coercion Risks

This is a really important part of deciding if mediation is appropriate. A mediator needs to make sure that no one is being pressured or feels unsafe. If there’s a history of abuse, serious threats, or a really big power difference where one person can easily bully the other, mediation might not be the safest route. Mediators are trained to look for these red flags during an initial chat, often called screening. They need to be sure that everyone’s participation is truly voluntary and that they can speak freely without fear. If these risks are too high, the mediator might suggest other options or decline to mediate the case.

Understanding Suitability Assessments

When you talk to a potential mediator, they’ll likely ask questions to gauge if your situation is a good candidate for their services. This isn’t just busywork; it’s a professional assessment. They’ll want to know about the core issues, who is involved, and what you hope to get out of the process. They might also ask about any history of violence or significant power imbalances. This helps them determine if they have the skills to handle the case and if mediation is likely to be productive. A mediator might use a simple checklist or have a more in-depth conversation, but the goal is the same: to make an informed judgment about whether mediation is the right fit for everyone involved and the specific dispute at hand. This upfront assessment is key to setting realistic expectations and increasing the chances of a successful outcome.

Understanding the Mediator’s Process Management

How a mediator manages the process can shape the entire experience for everyone involved. From the initial contact right through to the final handshake or signature, it’s not just about what gets resolved, but how parties feel about the process that matters. Here’s an in-depth look at what you should expect (and ask) when assessing a mediator’s process management.

How the Process is Structured

A well-managed mediation process gives everyone a clear sense of what to expect next. Most mediation follows a basic order, but it isn’t rigid. The steps usually go something like this:

Intake and Preparation – The mediator learns about the dispute, screens for suitability, and sets ground rules.
Opening Session – Parties hear about the process, confidentiality, expectations, and get time to share their story.
Exploring Issues – Issues and interests from each party are clarified and summarized.
Negotiation and Option Generation – Here’s where brainstorming and reality-testing happens, sometimes in joint sessions, sometimes with each party separately (caucuses).
Agreement and Closure – If consensus is reached, terms are drafted. If not, next steps are discussed.

Process structure can shift to fit the specific needs of the case, but you should always know what phase you’re in, and what the upcoming steps are.

Managing Different Phases of Mediation

Every stage in mediation calls for slightly different skills from the mediator. The ability to manage emotional temperature in opening sessions isn’t the same as what’s needed to guide option-generation. Here’s where process management gets practical:

In preparation: The mediator collects background, clarifies roles, and ensures everyone is genuinely prepared.
During opening sessions: They build trust, explain the process, and keep things respectful and productive.
In joint or private talks: The mediator might use private caucuses to give space for candor, test ideas, or work through tough issues.

Mediators need to keep the process moving without pushing anyone too fast. That means knowing when to pause for emotions or take a break for reflection.

Facilitating Agreement and Drafting

The agreement phase is the one with the paperwork but also the most relief (or disappointment).

The mediator helps clarify what’s actually agreed to—including all those little details that matter later.
Drafting can be quick if the parties are ready, but sometimes it means reviewing, tweaking, and even returning to negotiations for finer points.
Good mediators summarize commitments clearly, and make sure nobody leaves confused about what was promised or expected.

Here’s a simple table to show who does what in the final phase:

Task	Mediator’s Role	Parties’ Role
Summarize agreements	Facilitate clarity	Confirm or clarify
Prepare written terms	Draft or assist	Review for errors
Final review and signature	Guide the review	Sign or raise questions

Clear communication and role awareness in this phase is what separates a deal that sticks from one that falls apart next week.

If you’re considering a mediator, ask them to walk you through their process. If their answers are vague or overly rigid, it’s a red flag. Good process management is the backbone of fair, effective, and less stressful mediation.

Exploring Mediator’s Role in Complex Negotiations

Complex negotiations can get tangled fast, especially when multiple voices and interests are on the table. The mediator’s job isn’t just to keep things moving—it’s to make sure every participant is heard and the discussion stays on track, even as things get complicated. In situations with many parties at odds, or where conflicting needs seem impossible to untangle, a skilled mediator can mean the difference between chaos and real progress.

Handling Multi-Party Disputes

In multi-party disputes, you’re dealing with a lot more than just two sides. There might be competing business interests, shared property, group decisions, or joint ventures where everyone thinks their perspective is the priority. Here are a few ways mediators make sense of the mess:

Organizing structured sessions so smaller groups of stakeholders can talk things out, then sharing outcomes with the larger group
Using caucuses—private meetings with just one side at a time—to clarify needs and concerns without peer pressure
Mapping common ground and unique interests, making sure solutions get buy-in from everyone, not just the loudest voices

In every step, mediators balance inclusive discussion with moving the process forward. If you want a better idea of how formal training plays into these challenging cases, mediator qualifications impact the process in more ways than you might expect.

Navigating Impasse and Option Generation

Sometimes, negotiations just stall. Maybe the parties are stuck on a single issue, or nobody wants to be the first to budge. Mediators adopt several techniques to break the deadlock:

Facilitate brainstorming sessions with an open, judgment-free approach
Use reality testing—encouraging parties to think through the likely outcomes if no deal is reached
Suggest pause-and-reflect moments, helping everyone step back when things get heated

A quick table shows practical tools for breaking impasse:

Technique	Description
Reality Testing	Exploring what happens if talks break down
Brainstorming	Pushing for creative thinking, no bad ideas
Private Caucus	Honest exchange without the whole crowd

When an impasse sets in, the mediator’s ability to keep communication open—even if it’s just a new way of framing the issue—can lead to a breakthrough.

Addressing Complex Issues and Layered Interests

Complex negotiations often have more than just financial or legal layers. Emotional stakes, reputational risk, and future relationships figure in, too. Mediators dig beneath the surface to uncover what each side truly values. Here’s how:

Ask open questions to reveal motivations (“What would resolution look like for you?”)
Reframe statements from positional to interest-based (transforming "I want X" into "I need X because…")
Lay out interests in plain language so all parties see the tradeoffs and overlaps

Sometimes, it takes multiple sessions or a mix of joint and private discussions to address everything. The mediator’s role is steady—keeping the big picture in mind while making sure no detail slips through the cracks.

Both sides (and sometimes more) walk away with a better understanding of the options, even if the road there takes a few unexpected turns.

Considering Cultural Competence and Inclusivity

When you’re looking for a mediator, it’s really important to think about whether they can understand and work with people from different backgrounds. Mediation is supposed to be a fair process for everyone, and that means the mediator needs to be aware of how culture can affect how people communicate and see conflict. This isn’t just about language; it’s about different ways of thinking, different values, and different communication styles.

Assessing Cultural Sensitivity

A mediator who is culturally sensitive will have some awareness of how cultural norms can influence a dispute. They won’t assume everyone communicates or negotiates in the same way they do. They’ll be open to learning about your background and how it might play a role in the situation. It’s about more than just being polite; it’s about genuinely respecting differences.

Look for mediators who mention cultural awareness in their profiles or during your initial conversation.

Inquiring About Language Access and Accommodations

If English isn’t your first language, or if you have a disability, you need to know that the mediator can help make sure you can fully participate. This might mean using a professional interpreter, providing materials in different formats, or making sure the meeting space is accessible. Don’t be afraid to ask directly about these things. It’s not an imposition; it’s about making sure the process works for you.

Here are some things to ask about:

Can you arrange for a qualified interpreter if needed?
Are your meeting facilities accessible for individuals with mobility challenges?
Are you able to provide documents or summaries in alternative formats?

Respecting Diversity in Mediation

Ultimately, a good mediator will create an environment where everyone feels respected and heard, regardless of their background, identity, or circumstances. This inclusivity is key to reaching a resolution that works for everyone involved. It means the mediator is prepared to handle a wide range of situations and people with fairness and understanding.

A mediator’s ability to adapt their approach to accommodate diverse needs and perspectives is a strong indicator of their commitment to a fair and effective process. This adaptability helps ensure that all parties can engage meaningfully and contribute to a mutually agreeable outcome.

Conclusion

Choosing the right mediator is not just about picking someone with a good resume. It’s about asking the right questions and making sure their style, experience, and approach fit your situation. Every dispute is different—what works for a family disagreement might not work for a business contract or a workplace issue. Take time to ask about their background, how they handle confidentiality, and what their process looks like. Don’t be afraid to talk about fees or ask for examples of similar cases they’ve handled. The more you know up front, the better your chances of a smooth process. In the end, a good fit can make all the difference in reaching an agreement that everyone can live with.

Frequently Asked Questions

What exactly does a mediator do?

Think of a mediator as a neutral guide. Their main job is to help people who are disagreeing talk to each other in a safe way. They don’t take sides or decide who is right or wrong. Instead, they help everyone understand each other better and find solutions that work for them. They manage the conversation and make sure everyone gets a chance to speak.

How is a mediator different from a judge?

A judge makes a decision for you after hearing both sides, kind of like a referee calling a penalty. A mediator, on the other hand, helps you and the other person figure out your own solution together. The mediator doesn’t have any power to force you to do anything; you and the other person are in charge of the final decision.

What kind of experience should a mediator have?

It’s helpful if the mediator has worked with people who have similar problems to yours before. For example, if you’re having a dispute about a business, a mediator who knows a lot about business might be a good choice. They understand the issues better and can guide the conversation more effectively, but they still won’t take sides.

How does a mediator keep things fair?

Mediators work hard to make sure everyone feels heard and respected. They listen carefully to both sides, help manage strong emotions, and make sure one person doesn’t overpower the other. They might use different techniques to help balance things, like giving each person equal time to talk or meeting with each person privately.

What does ‘confidential’ mean in mediation?

Confidentiality means that what you say during mediation stays private. It’s like a secret meeting. This rule helps people feel comfortable sharing their true feelings and ideas without worrying that it will be used against them later, like in court. There are a few rare exceptions, like if someone is in danger.

How do mediators get paid?

Mediators usually charge for their time. They might charge by the hour, or sometimes they offer a set price for the whole process. It’s important to ask about their fees upfront so you know exactly how much it will cost. They should be clear about how they bill so there are no surprises.

What if one person has more power or influence than the other?

Mediators are trained to notice when there’s a big difference in power between people. They have special ways to help make sure the person with less power still has a fair chance to speak up and be heard. This could involve changing how the conversation flows or using private meetings to help the person feel more comfortable sharing.

Is mediation always the right choice for every problem?

Mediation works best for many kinds of disagreements, but it’s not for everything. If there’s a lot of anger or fear, or if someone is being threatened, mediation might not be safe or effective. A good mediator will talk with you first to see if your situation is a good fit for mediation and if it’s the right path forward.