By John M. Delehanty Reaching a settlement in mediation is a big accomplishment—but it’s not the finish line. Ideally, once there’s a meeting of the minds, the parties should draft and sign a formal settlement agreement right away. But in reality, especially after long hours of negotiation, most parties and their counsel opt to draft… Read more »
Preparing an effective mediation statement is a critical part of the mediation process. The mediation statement is often the document that gives the mediator his or her first impression of counsel and the client. It is particularly important when the mediator does not hold a joint session but proceeds immediately to caucuses. The purpose of… Read more »
Joint Sessions Are Valuable; How to Conduct Them. Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that… Read more »
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