All Mediations have at least two (2) phases:

1. The “Opening Statements” and

2. The Negotiations.

During Phase 1, all of the parties that are present (and the Mediator) give “Opening Statements” where they will explain their role and share their position.

During Phase 2, the parties begin negotiations.

This often times happens when all of the parties separate into caucus.

(Caucus just means a private, confidential meeting.)

Nowadays with most Mediations occurring via Zoom, caucus occurs in Virtual Breakout Rooms.

If the parties come to a resolution, they will move into a third Mediation Phase which is The Settlement Agreement.

Silvia Amador Brett is a Florida Supreme Court Certified Circuit Civil Mediator. Go to our Mediation Services page to learn more.