Notice Mediation

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

It must be in writing, signed by all parties to the lawsuit, and admissible as evidence. Once the mediation agreement is made into a court order or judgment, it can be enforced like any other court order, such as through a contempt motion or a levy.

Exercise Due Diligence in Selecting the Mediator. Identify and Involve Client Representatives. Determine Whether Information Exchanges Are Necessary. Prepare Arguments Supporting Legal Positions and Settlement Positions. Prepare a Confidential Written Statement to the Mediator in Advance of the Mediation Session.

Decide When to Mediate. Learn About Your Mediator. Analyze Your Case Early and Often. Prepare an Effective and Persuasive Mediation Statement. Consider a Conference Call with the Mediator before the Mediation. Decide Who Will Attend and Who Will Speak at the Mediation. Master Mediation Etiquette.

The mediator is usually selected by joint agreement of the parties, although if they cannot agree or do not know who to elect the parties can ask a third person or independent body to select a suitable mediator.

A mediation agreement document is a contract.If the mediation was court-ordered, then the agreement is filed with the court as the court's judgment, and the case is dismissed. In these cases, the agreement is a legally binding and enforceable contract.

Planning. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation. What do you think is most valuable to the mediation process?

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference.

A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway. Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not.