Mediation Practice Group
All of our litigators are highly skilled at negotiating excellent settlements for our clients. It is no surprise that the final resolution of a case will more likely occur during mediation than at trial. Aside from regularly representing clients in mediation, our attorneys have served as mediators themselves both in private mediations and as volunteer mediators in our local courts.
The goal of our Mediation Practice Group is to exceed our clients’ expectations by creating an environment conducive to settlement. We have developed a strategy for dispute resolution by creating a thorough, customized game plan for each case. This builds a potential for settlement even in cases in which it appears impossible.
Our Mediators’ Personalized Approach:
- Tailoring Of the Elements: Each case presents distinct hurdles to settlement. We adjust the mediation process to best accommodate the particular parties, issues and challenges each case presents. We have found that this approach maximizes settlement potential. We tailor the following elements to each case we mediate:
- Placement/ Interaction Of Parties And Attorneys
- Advance Preparation: Knowing Your Case Before The Mediation
- Selecting A Facilitative vs. Evaluative Approach
- Consideration Of Goals And Objectives Of Parties And Attorneys
- In-Depth Review And Analysis Of Legal Issues
- Detailed Evaluation Of Best And Worst Case Scenarios
- Before The Mediation: We seek input from the attorneys on whether having the parties in the same room will help or hinder settlement discussions. Whether and at what point during the mediation so the parties are able to interact can significantly affect the chances for settlement. Most mediators, however, structure the mediation without any consideration for this critical logistical decision. In some cases, the parties greatly benefit from hearing the other side’s perspective. In other cases, however, the parties dislike each other so much that tempers flare when the parties are in the same room, and this can reduce the chances for settlement.
- Detailed Pre-Mediation Investigation and Research: To determine how to best conduct the mediation, we rely on input from the attorneys before the mediation. A detailed Case Information Form addresses these issues so that the mediators, parties and attorneys are prepared and confident prior to the mediation.
- Mediation Brief: In addition, each party is asked to submit a mediation brief. We strive to fully analyze your case prior to the mediation itself. That way, less time is spent educating the mediator during the precious time set aside for mediation, and more time is spent actually achieving a resolution to the problem. Briefs should include:
- Procedural Posture: Has the case just started or whether trial is set to begin can have significant implications on settlement.
- Settlement Discussions: Prior settlement discussions set the pace and tone of the mediation, and often set parameters for initial settlement discussions during mediation.
- Critical Legal Issues: Without giving legal advice, we analyze legal issues most critical to each case, to the extent it is deemed productive to the mediation.