Preparing for a mediation/settlement conference requires a lot of moving parts. While the ongoing litigation can create a contentious mood, it is best to approach the mediation with an eye toward resolution. Here are some ways to help make a mediation/settlement conference more successful.
1. Schedule with an Agreed-Upon Mediator
Since both of the parties have to agree on the mediator, there has to be an agreement from all parties in selecting the mediator. The first step in this process is to reach out to the potential mediator and immediately go to the other parties and say, “Here’s this person who I think would be a good mediator. Can we agree to use them?” If an agreement is reached, then you come back to the mediator and schedule a time when everybody’s available. Ideally, a mediator will have their calendar online that will allow you to check their schedule and pick out a date and time when all parties are available. Otherwise, you call the mediator and ask what dates and times they’re available and see if you can find one that’s available to all participants.
2. Gather Your Documentation.
It is crucial to gather all your important documents in your case. If possible, you should have print and digital copies available to provide to the mediator. The important documents in the case should include any contracts related to this matter, the complaint and answer if there is one, the summary judgment motion along with any other key documents.
3. Prepare Your Confidential Settlement Statement.
The Confidential Settlement Statement is an extremely important document.. It sets forth your position with the important documents that you have to establish your points. The mediator will want to review this before your mediation or settlement conference.
4. Determine Who Has Decision-Making Authority
It is imperative that you have somebody at the mediation who has decision-making authority all the way from zero to max. It is unacceptable to come into a mediation and not have a person with the authority to make a decision.
5. Have a Solution in Mind
Since mediation requires a solution that all parties need to agree on, spend some time on determining one that works for both sides. When preparing for mediation, it is helpful to focus not only on your goals, but also on what the other side is probably getting at. As the adage says, “you are playing chess, not checkers.”
Mediation can be a great solution when properly prepared and can save you time, money and stress. To help with that, Ventola Mediation offers online scheduling options to move the process along quickly.
Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. When not saving the world from unresolved disputes, he enjoys volunteering in the community and spending time with his family, especially his grandson, Jack.
Ventola Mediation serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties in Colorado.
Recent Comments