ADR CORNER
ADR CORNER
Preparing for Mediation( Continued)
JAMES B. BALDINGER
Communicate With Opposing Counsel Engaging opposing counsel in advance can greatly improve the likelihood of settlement at mediation. Even if you haven’ t exchanged formal offers, any prior dialogue can give the mediator a helpful starting point.
Consider sharing your mediation statement- or at least a non-confidential version- with opposing counsel. It allows the other side to understand your perspective and better prepare their client.
Sending opposing counsel a draft settlement agreement with blanks for the key issues that need to be resolved can also be extremely helpful. It’ s a great way to focus and streamline the mediation, and will enable quicker documentation of a settlement at the end of mediation.( See my blog post on drafting mediation settlement agreements at https:// shorturl. at / p4quF.)
Communicate With the Mediator Arming the mediator in advance with information about your case expedites mediation and increases the likelihood of settlement. I provide parties a list of 13 items to address in their pre-mediation statements( available at https:// shorturl. at / B0vHF) to help me prepare for a successful mediation. After reviewing the parties’ submissions, I conduct a short private call with each side’ s counsel to ask questions about the case, discuss any sensitive interpersonal dynamics between the parties or counsel, and identify any issues to emphasize or avoid with your client.
If the case does not settle at mediation, the mediator should stay in contact with counsel( if they agree) and continue to look for opportunities to resolve the case, such as a court ruling or a development in discovery. Many cases that do not settle at mediation ultimately resolve with continued mediator involvement.
I hope this information helps you prepare for your next mediation more effectively. Feel free to contact me if you have questions or are ready to schedule a mediation.
Jim Baldinger has been litigating and settling cases for more than 35 years, and retired from his law practice in 2021 to launch Baldinger Mediation LLC and become a full-time mediator. He is a certified mediator in federal and state courts in Florida, and is available to mediate all types of civil disputes( except family law) nationwide. For more information, visit his website at www. baldingermediation. com or contact him directly at jim @ baldingermediation. com or 561-805-1545.
For additional ADR tips and resources, go to www. palmbeachbar. org / alternativedispute-resolution-committee
PBCBA JOB BOARD Connecting Legal Talent with Opportunities
Get started now by visiting: https:// jobs. palmbeachbar. org
For assistance, please contact: clientserv @ yourmembership. com