Seven Ways to Make Mediation More Successful
This post has been viewed 2,495 times.
Difficult as it may be to believe, Texas lawyers have been using mediation to resolve disputes for more than 25 years. Mediators, during this time period, have developed a broad array of methods of resolving even the most complex problems. Texas lawyers have also received training in mediation advocacy, negotiation, and utilizing various alternative dispute resolution processes. Regrettably, there has been little cross talk between Texas lawyers and Texas mediators about making mediation more effective and successful for the participants and their counsel. This article is intended to identify recent trends and boost practices that make mediation more effective.
Success from the Outset
Most of the time, lawyers have a brief discussion about setting up a mediation, which includes selecting a mutually agreeable mediator and a date for the session. For small or routine cases, this may be enough. But, for cases that involve amounts in controversy over $25,000 or more than two parties, a 15-minute conference call with the mediator and all counsel on the line will go a long way toward setting up the mediation for success. Any or all of the following might be discussed during this conversation:
- How much time should be devoted for the mediation session?
- What documents or discovery need to be exchanged and how far in advance of the mediation session so that a proper evaluation may be made by all sides?
- Who needs to attend the mediation and will those identified be attending in person, by telephone, or by video chat? Are there any co-decision-makers (spouse, parent, minister) who need to be present or available?
- Will a settlement demand be made and, if so, when? Will a response to the demand be made before or during the mediation session?
- Do the parties desire a general or joint session? What might be the possible benefits and liabilities of a joint session and how much time should be devoted to it?
- What settlement dynamics or sensitive issues should the mediator be aware of when thinking about an appropriate process design?
- What preliminary input may the mediator provide in terms of a suitable proposed process design?
Tags:
