Jump to content

Mediation


Recommended Posts

First, I assume the court has entered order scheduling mediation. In that order, or in an earlier scheduling order, you've probably been instructed to provide mediator with case summary a couple weeks before scheduled date. Don't forget to do that.

 

Typical mediation in federal court:

 

All parties start out in conference room; mediator introduces himself, describes his history, qualifications, etc.; each party gets to make opening statement as to why they believe they're entitled to relief, why they aren't liable, etc; mediator then gives his initial perspective on the case and may or may not ask parties what they're hoping to achieve when all is said and done. 

 

Then . . . . parties break off into separate rooms where mediator goes back and forth between rooms conveying information, relaying offers, rejections, counteroffers, etc., adding his own perspective each time.

 

Eventually, you'll reach a point where both parties have hit their limit. Mediator will usually get parties to try to meet somewhere in the middle if possible. They try really hard to reach a settlement, and most of them are very, very good at their job. That also means they get paid pretty well, and you're on the hook for 1/2 the costs, so don't waste time. If its obvious that other side is not going to settle don't waste your time/money. Also, any settlement you try to negotiate should include a request that other party pay costs of mediation, even if it reduces your overall settlement. Otherwise, the $$ will be coming out of your pocket (could easily be $1K or more for 1/2 mediation.

 

Finally, don't go into mediation without intention of making good faith effort to resolve dispute. 

Link to comment
Share on other sites

First, I assume the court has entered order scheduling mediation. In that order, or in an earlier scheduling order, you've probably been instructed to provide mediator with case summary a couple weeks before scheduled date. Don't forget to do that.

 

Typical mediation in federal court:

 

All parties start out in conference room; mediator introduces himself, describes his history, qualifications, etc.; each party gets to make opening statement as to why they believe they're entitled to relief, why they aren't liable, etc; mediator then gives his initial perspective on the case and may or may not ask parties what they're hoping to achieve when all is said and done. 

 

Then . . . . parties break off into separate rooms where mediator goes back and forth between rooms conveying information, relaying offers, rejections, counteroffers, etc., adding his own perspective each time.

 

Eventually, you'll reach a point where both parties have hit their limit. Mediator will usually get parties to try to meet somewhere in the middle if possible. They try really hard to reach a settlement, and most of them are very, very good at their job. That also means they get paid pretty well, and you're on the hook for 1/2 the costs, so don't waste time. If its obvious that other side is not going to settle don't waste your time/money. Also, any settlement you try to negotiate should include a request that other party pay costs of mediation, even if it reduces your overall settlement. Otherwise, the $$ will be coming out of your pocket (could easily be $1K or more for 1/2 mediation.

 

Finally, don't go into mediation without intention of making good faith effort to resolve dispute. 

 

Thanks Nascar!   I wont forget the summary!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.