Preparation to terminate the mediation should be made
in advance based on a well-reasoned and objective
evaluation of the case. The decision to terminate should
never be based on an emotional reaction during the heat
of the battle. If specific plans for termination (including
the “bottom line” or “top dollar”) are not made before
the session begins, the dynamics of the process can
skew objectivity and result in the client paying too much
or accepting too little in settlement. No one should
ever be criticized for terminating mediation according
to plan when settlement authority based on a well-
considered evaluation prior to mediation is exhausted.
Rather, mediation should be viewed as a supplement
to the litigation arsenal and a motivation and deadline
for completion of necessary trial preparation. In
addition, care must be taken to set the stage for a
successful mediation. The appropriate mediator should
be selected and adequate facilities secured for the
conference. Every attempt should be made to persuade
the mediator that your settlement position is correct.
Your client, the ultimate decision maker, must be well
informed, fully authorized and prepared to participate
in the process whether in person, video conference, or
telephone. If this advance work in planning combined
with persistence and creativity at the mediation does not
result in settlement, be prepared to terminate mediation
Conclusion
There is little doubt that mediation can be an effective and proceed to trial. Remember, more trials are avoided
dispute resolution mechanism. It is not, however, by preparing for them than by preparing to avoid them.
a substitute for case development and evaluation.
2017 Indianapolis Cultural Trail
Spring Cleanup
Team RBE participated in the spring clean of the Indianapolis Cultural Trail on Saturday,
March 25th, which included a clean-sweep of the trail and its bikeshare stations along RBE’s
segment of the Cultural Trail. The spring clean is a large Cultural Trail-wide initiative to get
the Trail in shape for summer’s high-usage season. The Cultural Trail is an 8-mile world class
urban bike and pedestrian path in downtown Indianapolis, Indiana, and also runs adjacent to
the RBE building. Team RBE won the team spirit award for the event, which was presented at
the brunch following the clean-up! Check out the video of the RBE team cleaning up the trail.
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Riley Bennett Egloff LLP - June2017