Individualized Mediation Design - In complex cases, designing the mediation process depending on the needs of the case, the parties, and the attorneys and is essential for streamlining the mediation process and facilitating settlement.
How to Achieve the Best Results in Mediation - When a client walks into a lawyer's office and begins to recount seemingly end- less details of a legal problem, the lawyer usually begins mediation preparation. Ten years ago, the lawyer may have set aside much of that information and transformed the "relevant" portions into an intricate web of legal claims and defenses. Today, a lawyer familiar with the mediation process will carefully note and discuss the client's interests and needs and may approach resolution of the problem from a different angle.
Mediation Confidentiality and Enforceable Settlements: Deal or No Deal - After hours of mediation, the parties have reached a "deal" on the principal issues. The parties want closure. Attorneys begin preparing the written agreement to ensure the deal is clear, complete, final and enforceable. Mediation discussions continue. Emotions run high as the parties work through the final issues. If the "deal" is not written and signed, is there an agreement? Are the discussions confidential? How do attorneys ensure confidentiality of mediation? How do attorneys create an enforceable settlement agreement and avoid court action?
10 Steps for "Working" the Mediation Process - Your attorney tells you to "set this case for mediation." How can you assist? Should you start by spending hours finding a date that works for the attorneys and then call to find a mediator who can mediate on that date? The short answer is "No." You can be much more helpful to the attorney and your clients if you follow these stepsIndividualized Mediation Design