Mediation is a non-adversarial method for the resolution of disputes. As a neutral, the mediator helps establish an atmosphere of trust and confidentiality, while clarifying issues and testing the feasibility of proposed solutions, thereby assisting in reaching a mutually agreeable settlement.

INITIATING MEDIATION

If the parties have already agreed to mediate, simply call us to discuss preferred dates and locations. If you wish assistance in obtaining the agreement of others to mediate, merely provide us with the name, address and telephone number of each party whose participation is necessary for a comprehensive resolution.

PRIOR TO THE MEDIATION

Parties should satisfy themselves that they have the information needed to make realistic settlement decisions during the mediation. (Experience has shown that parties need only 10% of the information normally required to be ready for trial.)

Decision makers with full authority to resolve the dispute should attend, unless other arrangements have been made with the mediator.

In order to expedite the process, parties are invited to submit Mediation Briefs, not exceeding ten pages, prior to the mediation.

AT THE MEDIATION

The mediation begins with a joint session attended by all participants, during which the parties summarize their positions. The goal is not to prove a case, but rather to clarify your views for the other attending parties, while also educating the mediator.

Following the joint session, the mediator meets with each party in confidential caucuses. During these private meetings, parties may provide the mediator with any information which may assist in working toward a resolution, and which they consider not prudent to disclose in the joint session. Caucusing provides an opportunity to assess realistic options for settlement in a confidential setting, and will generally continue until a settlement has been reached which all sides find acceptable.

When resolution is reached, a final joint session is convened to confirm the settlement agreement. The parties may then wish to draft and execute a memorandum stating the key terms.

FOLLOW-UP

Parties may authorize the mediator to do follow-up, should a final resolution not be achieved during the mediation session.