Questions, answered plainly.

Mediation is a private, structured process in which a neutral third party helps the parties reach a voluntary agreement. The mediator does not decide the outcome, take sides, or provide legal advice—the mediator provides the structure that helps a stalled dispute move toward resolution.

An arbitrator hears evidence and issues a decision that binds the parties, much like a private judge. A mediator has no such authority—the parties themselves decide the terms, and nothing is imposed on them. Mediation is also typically faster and less expensive, because there is no formal record, no discovery, and no ruling to appeal.

Litigation is public, slow, and expensive, and it hands the outcome to a judge or jury. Mediation keeps the matter private, usually resolves it in a single session, and leaves the terms in the hands of the parties. It also tends to preserve working relationships that adversarial proceedings often end permanently.

Yes. All parties sign a release agreeing to strict confidentiality before the session begins. What is discussed stays in the room and does not become part of any public record.

Most matters are scheduled as a single session lasting from two hours to a full day. Parties are asked to commit to staying until the matter is resolved in one sitting; follow-up sessions are scheduled only if necessary.

Services are offered on an hourly or flat-fee basis depending on the complexity and structure of the matter. In nearly every case, mediation costs a fraction of what litigation would.

Fees are ordinarily split evenly between the parties, which reinforces the mediator's neutrality—neither side is the client. Parties may agree to a different arrangement, and that is settled in writing before the session is scheduled.

No. Parties are free to consult independent attorneys before the mediation and may bring them to the session by mutual agreement, or attend alone and consult counsel by phone before signing any agreement.

No. Mark Stein is a professional mediator, not an attorney, and does not provide legal advice or represent either party. He was one of the original mediators on the Jefferson County, Kentucky Family Court Roster launched in 1988. Parties are encouraged to consult independent counsel before signing any final agreement.

Business and partnership disputes, family and estate matters, succession and ownership transitions, and many other disputes—particularly where the parties want to avoid litigation, preserve relationships, or maintain confidentiality.

Yes, and these are among the most common matters brought to mediation. Valuation, timing, payment structure, client and staff transitions, and non-compete terms can all be negotiated in a single confidential session. Resolving a buyout privately avoids the disclosure and delay that a contested dissolution brings.

Yes. Court-referred matters are accepted alongside private referrals, and the process is the same in either case. Where a court requires a report of attendance or outcome, that is provided within the limits of the confidentiality agreement.

When all parties accept the terms, they sign the agreement, and it may be submitted to a court for entry where applicable. Mediation First does not provide legal advice; parties are encouraged to consult independent counsel before signing any final agreement.

The parties leave no worse off than they arrived. Nothing said in the session becomes part of a public record, and every option that existed beforehand remains available. Many matters that do not settle in the room settle shortly afterward, once the issues have been narrowed and each side understands the other's position.

In person in Louisville, Kentucky and Tampa Bay, Florida, with travel available nationwide and internationally—or virtually via Zoom anywhere in the English-speaking world.

For most matters, yes. Virtual sessions use private breakout rooms that serve the same purpose as separate rooms in an office, and they remove travel as an obstacle when parties are in different cities or states. In person is generally preferable where a matter is especially emotionally charged or a large volume of documents will be reviewed together.

Mediation is voluntary. When one party refers a matter, Mark contacts the other party or parties to determine whether they are willing to participate—without discussing the substance of the dispute, in order to preserve neutrality.

Bring the documents central to the dispute and a clear sense of your priorities—what you need, what you would trade, and what you cannot accept. It also helps to weigh the cost and duration of the alternative, since that is the measure against which any proposal should be judged. No formal briefs or presentations are required.

Scheduling depends primarily on the availability of the parties and their counsel, since all sides must agree on a date. Once everyone has confirmed a willingness to participate, a session is arranged for the earliest date that works for all involved.

One party calls the office or completes the contact form, sharing only the nature of the dispute. From there, Mark confirms the other party's willingness to participate and schedules a session.