MEDIATION

Whether an evaluative, caucus, or private session mediation process is selected, the conflicting parties will typically begin in the same room for the mediator’s opening statement, then move to separate rooms to identify specific purposes in private.  At this point, the mediator will “shuttle” back and forth between rooms,  carrying messages, engaging in risk analysis, and conveying offers and counter offers. Throughout the process, the mediator will openly share their opinion, including the strengths and weaknesses of each side and outcome predictions, if the case should go to trial. If the parties have difficulty agreeing on the value of the case, the mediator may share their views on that issue as well.

FACILITATIVE MEDITATION

If a facilitative, joint session process is selected for dispute resolution, the conflicting parties will first participate in a mediator guided discussion, and will move to private meetings at a later time with the mediator only for specific purposes. When those specific purposes have been accomplished, the mediation may return to joint sessions.

In a facilitative mediation, the mediator will:

• Initiate a pre-mediation conference call with all involved lawyers to work out logistical issues of timing, location, style of mediation, and so forth.
• Convene the mediation at the agreed upon location.
• Begin mediation by making an opening statement to describe the process, explaining how the day will go and expressing their understanding of the dispute.
• Set an agenda or list of topics to be discussed if the dispute is to be resolved.
• Manage the discussion of the issues listed on the agenda, so long as it seems fruitful and worthwhile.
• Move to private sessions when necessary, called “caucus,” to discuss issues the parties may not be ready or comfortable discussing in front of each other.

Once the issues have been discussed and everyone has had their say, the mediator will explore settlement options.

• If the parties are ready to make offers, the mediator will work with them to convey the offers in the best possible way.
• If a resolution is achieved, the mediator will oversee the drafting of documents and signing of releases and written agreements.

MEDIATION IS CONFIDENTIAL AND VOLUNTARY

The facilitative process of mediation is confidential and voluntary.

• The mediator will not disclose to the judge what happened in mediation, cannot be called as a witness, and will not reveal anything said in confidence to him.
• Even if you have been ordered to attend mediation, you will completely meet your legal obligation if you only appear at the meeting. You are not obligated to stay beyond that, even though the mediator would appreciate your cooperation in remaining and giving the process a chance to succeed.

BENEFITS OF MEDIATION

Mediation offers an opportunity to step back from the litigation process, to gain certainty in results while simultaneously containing the cost of litigation.

• Mediation is a chance for everyone to act as joint problem solvers rather than sworn adversaries.
• Mediation is a safe place to brainstorm options and explore possible resolution without risk.
• If the case does not settle, nothing has been lost, the trial date has not been changed, and everyone can return to zealous pursuit of their litigation ends.

If you have a matter you’d like to resolve in Sturgis, Michigan or the surrounding counties, please call (269) 689-8527 or send us an email through the contact form here.