Virtual Mediation FAQs

Frequently asked questions about New Era's Virtual Mediations.

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Written by Heidi Fleck
Updated over a week ago

What is a Virtual Mediation?

A mediation is conducted with a mediator. They do not issue decisions or judgments, but engage in a facilitative process that assists the parties in reaching a resolution based on the strengths and weaknesses of each parties’ case. Mediation is a great way to resolve a dispute without getting deeper into an adversarial process.


New Era Virtual Mediations are conducted completely online through our platform, including document sharing, messaging, scheduling, mediation sessions,, and resolution agreements.

Who conducts the mediation?

Mediators are a neutral third-party whose job is to provide a safe, neutral environment and a format for effective communication. They have no connection to you or the business and are purely there to provide an objective view and to facilitate a settlement, if possible.

Parties will have the opportunity to choose a mediator from the New Era panel of neutrals, or have one assigned to their case automatically.

New Era uses carefully vetted mediators, many of them former judges or highly experienced attorneys. They include members of the National Academy of Distinguished Neutrals (NADN), which requires rigorous minimum qualifications to gain NADN membership status. New Era also handpicks additional neutrals for their experience and knowledge.

How long does a mediation last?

The entire New Era Virtual Mediation process typically lasts 30-60 days from the time the mediator is assigned to the case, depending largely on the schedules of everyone involved. This includes all document sharing, mediation sessions, and the resolution agreement.

Mediation sessions are generally about 4 hours long, and many mediators like to hold pre-mediation conferences with both parties prior to the mediation itself. Sometimes additional mediation sessions are held if the initial session isn’t enough.

What if I don’t participate?

If you don’t participate, it’s possible the next step will be arbitration, which is an adversarial process similar to going to court. See our General and Arbitration FAQs for more detail.

What if I do participate?

If you do participate, you may reach an amicable settlement and both parties can move on. If you participate and do not reach a settlement, there is nothing lost except the minimal cost and time it took to participate in the mediation.

How is a resolution reached?

Unlike a judge or arbitrator, the mediator has no authority to render a decision or force the parties to accept a settlement. Their goal is to facilitate a fair discussion in which both sides can be heard and come to a mutually agreeable resolution.

When an agreement is reached, the mediator and parties will draft a Mediated Settlement Term Sheet together and all sign it virtually. The case will then be considered closed.

What happens if no resolution is reached?

While most cases will settle at the mediation session, sometimes a settlement is not reached. If the first session was progressing positively but became an issue of time, the parties may elect to have a second session (additional fees may apply). New Era also offers an option to move the case straight to expedited arbitration and obtain a legally-binding resolution, called a Virtual Mediation with Binding Resolution.

What is the New Era Virtual Mediation process?

  1. Complete the intake process by providing your contact information, details about the case and your portion of the fee payment.

  2. Get matched with a mediator automatically or choose to use our Rank & Strike process.

  3. Collect and securely upload your documents and mediation statement. This is confidential, and only your mediator can see this information.

  4. Participate in an individual pre-mediation conference with your mediator, who will coordinate all scheduling through the platform. This is your opportunity to discuss your goals for the mediation.

  5. Participate in the virtual joint mediation session. Your mediator will coordinate all scheduling through the platform. This is your opportunity to explain your position and have it heard by the other party.

  6. If an agreement is reached, your mediator will draft a Mediated Settlement Term Sheet live. Both parties can provide any necessary input during the drafting process.

  7. Electronically sign the binding Mediated Settlement Term Sheet. Once both parties have signed, the dispute will be closed and the term sheet available for download.


Where can I learn more?

  • Read our Rules & Procedures for the specific process at each stage.

  • Contact Support if you have additional questions.

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