Engaging the Mediator

Have you thought about these things before engaging a mediator?

• Do you need a mediator to have a settlement discussion?
• Are the lawyers ready? Are they experienced in mediation?
• Are the clients ready? Do they understand the benefits of talking to the other side?
• Can the lawyers agree on a mediator?
• Can the clients be included in the selection process?
• What kind of mediator is best for this type of matter, for these clients, at this stage of the dispute?
• Is the mediator a person who is the right “fit” for the clients?
• Does the mediator have the time and desire to help? Is the budget reasonable?
• Have you considered interviewing the mediator?
• Do the lawyers and the clients have reasonable expectations:
   
  • Is the mediation to “check the box” because it is contractually required or court-ordered, or have the parties decided that this is a good time?
  • Do the clients understand that a mediation can move parties towards a settlement that may occur later?
  • Can the mediation be used to get information early that may help expedite resolution of the dispute?

Every mediation is an opportunity.

Understanding this helps creates reasonable expectations and better results over the long term.

 

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