GETTING STARTED WITH MEDIATION
When the parties agreed to mediate, simply call us to discuss your preferred dates and location. If you wish our assistance in obtaining the agreement of others to mediate, contact us with the details for each party whose participation is necessary for a comprehensive resolution.
PRIOR TO THE MEDIATION DATE
Once parties have the date and time for mediation, the parties will need the consider the following issue:
Participation: Identify each party that needs to be represented at the mediation for productive negotiations to occur.
Authority: It is essential that everyone whose decision is necessary for settlement personally participate.
Preparation: The parties should evaluate what information is to be exchanged in advance of the mediation session to assist all parties in making realistic settlement decisions during the mediation.
Briefs: Submission and exchange of briefs are highly recommended. The brief should not exceed ten typed pages (plus exhibits) and should be received by the mediator at least three business days in advance of the mediation.
AT THE MEDIATION
Generally, the mediation start with each party and their counsel separated in a different room. Joint sessions attended by all participants and counsel are not usually practiced. In caucus, you can discuss any relevant information which may enable parties to work toward a resolution. The mediator will play devil’s advocate to help all parties gain a balanced evaluation of the matter. Finally, the caucuses provide an opportunity to assess realistic options for resolution, without compromising any party’s negotiating position. The mediator will continue to participate in the role of facilitating the discussion toward a resolution. When a resolution is formed and accepted by all parties, the mediator will summarize the terms of the agreement. You may then wish to draft and execute a memorandum stating the key terms.
If a resolution is not reached in the initial mediation session, the parties may elect to authorize follow-up. Follow-up can be accomplished by the mediator calling the parties to further exchange information and/or an additional mediation session. There is no charge for reasonable telephone follow-up. If however, another sit down session is required it will be billed at the daily rate applicable to that case.
All statements made during the course of the mediation or in mediator follow-up thereafter at any time prior to complete settlement of this matter are privileged settlement discussions, are made without prejudice to any party’s legal position, and are non-discoverable and inadmissible for any purpose including in any legal proceeding. All records, reports, or other documents prepared by the mediator or submitted to the mediator in confidence by any party are confidential, and disclosure cannot be compelled under any circumstances.
The mediations generally are held in the spacious and well-equipped offices of Jilio-Ryan, Hunter & Olsen. If it is felt that another location is important, the parties can arrange for such a place or, if requested, our office will arrange for an acceptable meeting place. The parties are responsible for the costs associated with our renting of their specified meeting place.
We can also conduct mediation services by Zoom conference.