In our latest video, we explore the essential steps taken to ensure every mediation is handled with care and detail. The preparation process includes:
- Confidential Pre-mediation Statements: Attorneys are asked to provide a brief overview of the case status and their client’s position. These are for the mediator’s eyes only.
- Case Review: The mediator reviews these statements and reaches out to attorneys in advance if questions arise.
- Independent Research: For litigated cases, the mediator reviews court clerk records and pleadings to understand exactly what has been filed.
By doing this groundwork, the mediator ensures that the actual session is focused and productive. Watch the video above to see how this thorough preparation sets the stage for a successful resolution.
Video Transcript
0:00 Intro
0:38 Preparation Is Key
0:13 What Is A Pre-Mediation Statement?
0:00 Intro
As the mediator, I do request the attorneys representing the respective parties to provide me with a confidential pre-mediation statement.
0:13 What Is A Pre-Mediation Statement?
I leave the format and the length of that up to them, but I want them to give me a brief written overview of the status of the case and their client’s position.
0:38 Preparation Is Key
I read those prior to the mediation. If I have any questions, I can then contact the attorney in advance. The other thing that I do if a case is litigated is I go ahead and look online at the court clerk’s records so that I can review the pleadings for myself and see what has been filed in the case. So those are really the pre-mediation statement, which is confidential only for my eyes, and also a review of the documents that are on file. And if there are any other items that the attorneys wish for me to review in advance, I’m happy to do that as well.