Mediation

[poppet24]

Long story short, I filed a lawsuit against a JB in Fed court.  We have mediation coming up in a few weeks.  Not sure what to expect  if anyone could give me any info on what to expect and any advise, I would appreciate it

 

Thanks

[admin]

Moving to legal forum....

[poppet24]

Moving to legal forum....

 

Thanks!

[nascar]

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. 

[poppet24]

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!