Preparing For The Mediation


In order to have a successful mediation, preparation is required by all involved.

Parties
I urge all parties to spend the time necessary before attending on the day of mediation, thinking about the range of desired outcome(s). You should thoroughly understand your own positions and also think about the dispute from the perspective of the other party.

Counsel
In order for me to be prepared to assist parties, I need sufficient time to review materials prepared by counsel. Therefore, I ask counsel to respect the deadlines given for submission of mediation briefs. I expect counsel will have met with clients to fully canvass desired alternatives for all parties and the risks which will be faced if the matter does not settle.

What to Expect of a Mediation

No two disputes are exactly alike. The nature of mediation is dynamic and so it is difficult to predict how any scheduled session will unfold. However, there is a general practice that I follow. There is always room for flexibility in the process. If you believe there is a better way to achieve a resolution, I am willing to discuss these ideas with the parties involved.

If it is necessary, I am available for preliminary sessions with counsel to discuss any issues that need to be addressed before a scheduled mediation.

Generally, scheduled sessions begin at 10:00am. I will make a detailed presentation outlining the mediation process, and the key facts, issues and the litigation steps to be undertaken for a trial. This presentation ensures that everyone has all of the same, necessary information required for negotiations.

Depending on the nature of the dispute, it may be advantageous to discuss issues with the parties separately. I will facilitate these private discussions with parties in confidence.

I am dedicated to finding satisfactory outcomes for parties and will continue to work with you for as long as may be required during and even after the scheduled mediation. Please come with the flexibility to remain in attendance for as long as necessary. If required, please ensure you have telephone access, even after business hours, to any person you may want to speak with about the matter.

A mediation may end with the parties signing a settlement document. On other occasions, additional time may be needed to acquire or assess new information after the scheduled session. Additionally, issues may be narrowed, to permit counsel the opportunity to hold future settlement discussions.