Like the moon, mediation proceeds in phases. Here’s a primer on what happens when. The first phase of a mediation consists of fact-gathering and defining the issues. When the parties provide exhaustive briefs, time spent on fact-finding may be minimal. We can quickly pin down which facts and issues the parties agree or disagree on. Sometimes, people agree on the facts but not how to interpret those facts. Ferreting out those disagreements is part of defining the issues. Usually, case resolution will turn on fewer than five issues.