Process
What to Expect with Reconcile Mediation
A walkthrough of the day, from the moment you arrive to what happens after you leave.
Mediation might be the first time you are involved in the negotiation of your own situation. It is your time to advocate for yourself. As opposed to trial, in mediation you are in control of the conversation.
What happens during the session, step by step?
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You arrive and meet privately with Elizabeth
Upon your arrival at our office you will be greeted and led to your private meeting room, where you, your attorney and Elizabeth will discuss your case. This first conversation typically runs 45 to 90 minutes. She will ask what happened, what you want out of the day, and which parts of your position you are least comfortable with. That last question is not a trap. Understanding where you are exposed is what allows her to negotiate realistically on your behalf.
Plan to arrive 15 minutes early. Ground-level covered parking is available on site. You will stay in this room for most of the day.
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Elizabeth meets neutrally with the opposing party
Following your initial meeting, she will neutrally greet the opposing party to further discuss their view of the case. Nothing you said in your room travels across the hall unless you have authorized her to share it. Expect a wait of a similar length while that conversation happens. Bring something to occupy the gap, and expect several such gaps over the day.
Our office has four secluded meeting rooms, three with separate external entrances, so the parties can arrive, caucus and leave without crossing paths.
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The negotiation begins and moves between rooms
After both parties have been met with, the mediation process begins and Elizabeth continues the negotiation between both parties, maintaining active communication to ensure both sides are heard. She carries offers, counteroffers and information each side has agreed to share, and tests assumptions in both directions.
Movement usually comes in decreasing increments, which is normal and not a sign of failure. Breaks are frequent, and four on-floor bathrooms at opposite ends of the facility mean you can take one without an awkward encounter. If food or a call to a family member will help you think clearly, say so; there are restaurants and coffee shops within a short walk.
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Terms are put in writing, or the parties reset
Efficiency is key in mediation. Elizabeth A. Tresp is passionate about proactively resolving your case in a timely manner to ensure the best possible outcome. If the parties reach agreement, the terms are written down and reviewed before anyone signs, because a signed settlement agreement is an enforceable contract. Have your own attorney read it first.
If the day ends without full agreement, nothing is lost. No right is waived, no offer binds anyone, and the case continues as it was. Many matters settle in the days or weeks afterward, once each side has absorbed what it heard, and a second session can be scheduled if it would help.
What should you bring and how should you prepare?
Bring with you
- The documents at the center of the dispute (trust, will, accounting, policy, medical records or bills, as applicable)
- Any figures you expect to argue over, and the source for them
- Photo identification
- A short written note of what you most want out of the day, and what you could live with
- Contact details for anyone whose sign-off might be needed
- Reading material, a charger and any medication you take during the day
The most useful preparation is not assembling more paper. It is deciding, before you walk in, what a genuinely acceptable outcome looks like and what your alternative is if there is no deal. Parties who have thought that through negotiate far better than parties who have only rehearsed their grievance.
Who attends?
You, your attorney if you are represented, and the mediator. On the other side, the same. Depending on the matter, a trustee or personal representative, an insurance representative with settlement authority, or an accountant or appraiser may also attend or be reachable by phone. Anyone whose signature would be needed for a settlement to hold should be present or immediately available, because agreements lose momentum when a decision-maker has to be tracked down later.
What happens between sessions?
If the matter needs a second date, the interval is usually put to work. Parties gather a missing appraisal, confirm a payoff figure, obtain a tax opinion on a proposed structure, or get authority extended. Elizabeth may follow up with each side by phone to keep the conversation moving. That follow-up remains confidential in the same way the session was.
Frequently asked questions
How long does a mediation session take?
Plan for a full day and hope to finish sooner. Straightforward matters can resolve in a half day; complex disputes with several parties sometimes need a second session. The unproductive assumption is that you will be out in an hour, because the most productive movement often comes late in the day.
Will I have to sit across the table from the other side?
Usually not. Most sessions are run as caucus mediation, with each party in a separate private room and the mediator moving between them. Our office has four secluded meeting rooms, three with separate external entrances, so opposing parties can arrive, caucus and leave without crossing paths.
Do I need an attorney to attend mediation?
Attorneys are not required, and many parties are represented while some are not. Because the mediator is neutral and cannot advise either side, having your own counsel review any agreement before you sign it is strongly advisable. A signed settlement is an enforceable contract.
What should I bring with me?
Bring the documents at the center of the dispute, any numbers you expect to argue about, photo identification, and a written note of what you most want out of the day. Also bring anything a decision would depend on, such as a payoff figure or an appraisal, so the conversation is not held up by a missing detail.
Ready to schedule?
Call (858) 201-7595 or email inquiries@reconcilemediation.com to ask about available dates in Cardiff-by-the-Sea.