Mediation

Who Must Attend:

In order to reach final agreement , all parties including their representative, insurance carries (if applicable), and any other decision-makers must be present in person with authority to settle the case.

Discovery/Experts:

All relevant information is to be exchanged by the parties in advance of the mediation to assist all parties in making an informed decision during the mediation. Witnesses and experts are not required but if it helps to expedite the matter please make all necessary arrangements prior to the mediation.

Briefs:

Preparation of all the participants is an integral part of reaching a resolution. Participants should be prepared to come with an open mind, ready to analyze new information; and not simply to argue their side. If the representatives agree to submit briefs they should not exceed five pages and need to be submitted three days before the mediation.

Confidentiality

ALL statements made in the course of mediation are confidential. All parties will agree  that any statements made or information disclosed to the Mediator is confidential and that disclosure cannot be compelled. All of the partis will be required to sign a confidentiality agreement.

The Mediation:

The mediation will begin with a joint session of the parties involving all participants. Please be prepared to summarize your viewpoint and hear other perspectives.

After the opening statements the parties will be seperated to allow for the mediator to have private caucuses with the parties to explore solutions which may assist in moving toward a solution.

Follow up

After the mediation, whether the matter is resolved or not, I will follow up to assist the parties to either continue the discussion to reach a solution or to ensure that the parties have complied with the term of the settlement agreement.