Once you tell the mediation organization to go ahead, it will most likely send a letter and explanatory materials to the other side, emphasizing the benefits of mediation, including low cost, privacy, and speed. If you use a private mediation company, the letter will also likely point out the high quality of the people that serve on its mediation panels and the simplicity of the mediation process.

If the mediation organization doesn't get a response within a week or two, a staff person, often called a "case manager" or "case coordinator," will usually follow up with a phone call to answer the other side's questions about mediation and review mediation's potential benefits. If the other side refuses to participate based on a lawyer's advice, the staffer may ask permission to speak to the lawyer directly.

Before long, the case manager may report good news: The other side is willing and ready to mediate. If so, the two of you can select a mediator and schedule the mediation.