Information for Parties

Thought is given in every case about how the mediation process should be constructed based on discussions with the attorneys, pre-mediation submissions and our experience with other cases. Often, we begin with a joint session where all participants in the case meet together. We will introduce ourselves, talk about our background, note whether we have worked with any of the participants before and give participants the opportunity to ask us any questions. We then ask each participant to briefly introduce themselves and explain their role in the case. We will talk about how we work together, confidentiality and our expectations for the process. We have a simple agreement regarding confidentially that we ask you and your lawyers to review and sign.
The parties are then given an opportunity to make a presentation to each other. This can be done in a variety of ways including a formal power point presentation or an informal discussion. Each side can choose a single spokesperson or have more than one individual present a different perspective on the conflict. We believe mediation creates a unique opportunity for the parties to tell their story. The law imposes many restrictions and forces disputants to frame their claims in certain ways. Our mediation process does not impose those same restrictions. During the mediation you will be able to choose what you say and also how you say it. Whether it feels right to express anger about what has happened, demonstrate sadness or remorse about something, to cry or passionately describe your story, all is perfectly acceptable in mediation.
We usually elect to meet separately, or in caucus, with each side. During caucus, people decide what confidential information to share and to expand the information given during the joint session. Questions are asked to increase understanding about the details of the case. We conduct a series of caucuses to explore the risks of the case for each participant.
The risk assessment process is designed to make each everyone take a realistic look at their positions and to increase their knowledge about the case or understand new perspectives. All along, parties make choices in collaboration with your lawyers and any other experts that are part of their team.
As the day unfolds, and proposals and negotiations unfold, different caucuses may occur. These are conducted based on our “mediator sense” and experience of what will help move the conflict to a resolution. This may involve us meeting alone with one or more attorneys, having an expert meet with one side to explain complex details or coming back together in a joint session. Parties have the opportunity to discuss the substantive problems and merits of their case and also procedural matters with their lawyers and with us. We know that no one wants to be in the middle of conflict and that it is stressful and incredibly difficult to make decisions in uncertain, risky and conflict ridden settings. We try to make our process respectful and provide a supportive environment in which to make difficult decisions.
We will generally take proposals back and forth and narrow the issues until we reach a settlement. Depending on the case, we may ask one team to draft a simple agreement for the other side to review and sign at the mediation that will serve as a written understanding until the attorneys can draft a final settlement and release.