Scheduling A Mediation
Prior to booking the date it is important that each side ensure that the date has been cleared with all necessary principals and decision makers, insurance adjusters, consultants or experts. In order to book the date, counsel will be asked to provide some administrative information including a brief two to three line summary of the case, the names of all parties and counsel, the agreed on fee split and their agreement to the cancellation policy. Mediation dates are booked on a first-come, first-served basis. Once a case is scheduled, Ms. Meyer will send out a scheduling letter which sets forth the date and location for the mediation, the due dates for the mediation fee and case briefs and copies of the Confidentiality and Mediation agreements which will be signed at the mediation.
Mediation Briefs can either be confidential or shared with the opposing counsel, as counsel choose. Briefs should outline the factual basis of the conflict, the legal positions and supporting case law and any additional information which counsel believes would be helpful to the mediator in assessing the case and facilitating a settlement. Case briefs are due one week prior to the mediation conference.
At the outset, everyone attending the mediation is asked to sign a Confidentiality and Mediation Agreement which clearly outlines the parameters of the process. Depending on the decisions made by the attorneys in the Case Intake process, the mediation conference consists of either a joint session attended by everyone or individual private caucuses with each side. If there is a joint session it is usually followed by shuttle diplomacy with each side in separate rooms. In cases where counsel have decided they do not want a joint session, the entire mediation is conducted through a series of private caucus meetings.