Scheduling A Mediation

Parties can contact Ms. Meyer to get her available dates for mediation via e-mail or by telephoning her office. Once parties have decided on a date, counsel for each side agree on whether a joint session or individual caucus meetings are preferred, who will be attending the mediation, and logistics with respect to attendance, telephone participation and the availability of decision makers, consultants or experts. Making these decisions prior to the conference allows counsel to consult with and prepare their clients thereby ensuring a more efficient and productive settlement process. Following these discussions, Ms. Meyer sends out a scheduling letter which sets forth the date and location for the mediation, copies of the Confidentiality and Mediation agreements which will be signed at the mediation, and the due dates for the mediation fee and case briefs.

Mediation Briefs

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 eight days prior to the mediation conference.

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.