Designing the Mediation Process to Fit the Case (Not the Other Way Around)

One of the most common—and costly—mistakes in mediation is treating every case the same.

Not every dispute needs the same structure, the same agenda, or even the same format. Yet too often, mediation is approached as a one-size-fits-all event rather than a custom-designed process.

The best mediations are not run. They are engineered.

Why Process Design Matters

Every case is different:

• Some are emotionally charged.

• Some are technically complex.

• Some involve many parties and decision-makers.

• Some are simple—but politically difficult.

If you use the same mediation structure for all of them, you’re guaranteed to leave value on the table.

Good process design reduces:

• Posturing

• Fatigue

• Mistrust

• And wasted time

And increases:

• Decision quality

• Efficiency

• And the likelihood of resolution

Key Questions That Should Shape the Process

Before mediation day, I spend time answering questions like:

• Who actually has authority to settle?

• Do the parties need to hear each other—or be separated immediately?

• Is this a case about money, or about something else?

• Would pre-mediation calls help narrow issues?

• Is this better handled in person, virtual, or hybrid?

The answers to these questions should determine the structure, not the other way around.

Examples of Custom Process Design

• A multi-party case may need phased negotiations instead of one long day.

• A highly emotional case may benefit from early private sessions before any joint discussion.

• A technically complex dispute may require pre-mediation issue framing or expert summaries.

• A decision-maker-heavy case may need staggered attendance instead of everyone waiting all day.

The Mediator’s Real Value

A mediator’s value is not just in facilitating conversations.It’s in designing a process that makes good decisions possible.

When the process fits the problem, people negotiate differently.They listen differently.They decide differently.

Mediation should never feel like forcing a case into a template.

The best results come when the process is built around the case—not when the case is forced into the process.