mediation process

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“Steve is completely and intensely invested in the process. He vigorously, but respectfully, challenges and educates all parties to recognize the risks and realities of their positions. He is incredibly sharp, passionate, and intent on achieving positive results.”

INITIATING MEDIATION

If all parties have already agreed to mediate, simply call or email us to discuss preferred dates and locations. We are also happy to assist in obtaining the agreement of others to mediate.

MEDIATION PREPARATION

Steve invites the parties and counsel to give substantial thought not only about the merits of their case but how to maximize the likelihood of reaching resolution at the mediation. This includes:

  • What, if anything, needs to occur before the mediation in order to be fully prepared to resolve the case

  • Suggestions to improve the effectiveness of the process

  • Potential impediments to settlement

  • Additional disputes between the parties

  • The participation of all necessary parties and decision-makers at the mediation

  • The status of insurance coverage and the participation of the carrier

  • The time, location and other logistics of the mediation

WRITTEN STATEMENTS

Mediation briefs are critical and will be studied carefully. Briefs should be received at least seven days prior to the mediation. Please include a detailed description of the facts and the claims, the procedural history of the case, an analysis of the respective strengths and weaknesses of each party's position, a detailed account of any prior settlement negotiations, and key exhibits.

THE MEDIATION SESSION

We typically begin in separate rooms, with the mediator spending time with each side in private sessions. If the parties agree, Steve may conduct one or more joint sessions with the express commitment of all parties to maintain civility and respect. At the conclusion of the joint session, the parties return to their respective caucus rooms, and Steve typically engages in "shuttle diplomacy" between the rooms.

CONFIDENTIALITY

All participants sign a written confidentiality agreement at the outset and acknowledge that maintaining a safe, confidential space to discuss the matter is critical to our process.