MEDIATION PROCEDURES

Pre-mediation Telephone Calls

In many cases, it may be helpful to have telephone calls with counsel and/or parties in order to clarify issues prior to the mediation.  There is no extra charge for these calls.

Mediation Briefs

Mediation briefs are requested one week prior to the mediation and should include the following: (1) a brief summary of the factual and procedural background; (2) the legal arguments at issue; (3) a damages model; (4) a summary of prior settlement proposals, including dates and amounts; (5) a statement of the party's interests and priorities regarding settlement; (6) perceived barriers to settlement; and (7) the names and titles of those attending the mediation.  The parties are also encouraged to submit supplemental material such as selected deposition transcripts, briefs, key cases, statutes, exhibits, and other documents.

Attendance at the Mediation

It is essential that parties in attendance at the mediation have full settlement authority.

Confidentiality

Confidentiality is a key component of a successful mediation.  All persons attending mediation will sign a confidentiality agreement prior to or at the inception of the mediation.