“Tips for a More Effective Mediation”

I always appreciate the opportunity to work with people who are interested in obtaining a fair resolution for their clients. Although my fee is $295 per hour, and we normally set aside a certain amount of time for the process, if we can resolve it sooner than anticipated, I only charge for the time actually spent. On the other hand, if we feel it is productive to continue past the anticipated time, I am willing to continue as long as necessary to creatively explore all settlement opportunities.

Naturally, effective mediation requires the participation of persons who have full settlement authority, including those with whom the clients may wish to consult during the process. If such persons cannot be present, they should be available by phone, even after business hours.

I recommend that each party fax or deliver a Mediation Summary or Brief to me a couple of days before the mediation session. It is often helpful to share your brief with the other side, but of course if you desire, you may also send me additional “confidential” information which you may not wish to share with the other parties.

Additionally, I have found it most helpful to conduct a separate pre-mediation telephone conference with each attorney, to educate me as to any issues about which I should be aware ahead of time. These would include disclosures or potential conflicts that need to be addressed, as well as the following:

• A brief summary of the matters in dispute
• Procedural status of the case
• Pending motions or discovery
• Status of any settlement negotiations
• Persons who will be in attendance
• Any special concerns or expectations of your client
• Whether a joint opening session would be of benefit

I do not charge for my time for these telephone conferences, as they are really for my benefit. As you know, unlike arbitration, mediation allows and even encourages independent communication with the neutral, so please feel free to contact me at any time if you believe it would be helpful for us to communicate – I will consider all private phone conversations to be subject to the same confidentiality as any other part of the mediation. My goal is to reinforce our understanding of the process and to make sure that everyone is fully prepared and ready to actively participate in the mediation.