Please be prepared to clarify your interests and positions. Depending on the situation, joint meetings or individual caucuses will be held as needed. If a joint session is held, the objective is not to “prove” your case, but rather to reason together and explore mutual interests and the facts. During private caucus sessions, parties may exchange information relevant to resolving the issue that they choose not to reveal during direct negotiations.
David will apply creative approaches to ensure fair and impartial mediation. He will focus on assisting the parties in gaining a better understanding of their own issues and interests as well as those of the other parties.
It is imperative that the mediation conference be attended by all people whose consent is necessary to resolve the dispute.
It is the intent of the parties and the mediator that all proceedings before, during and after the mediation conference be confidential, and that they are not discoverable or admissible as evidence in any pending or later filed civil action involving the parties. Evidence which would otherwise be admissible shall not be rendered inadmissible by its use in connection with mediation
Before the mediation conference, please consider the following issues:
What message are you intending to send by your opening offer or demand?
What is your rationale in deciding on this opening position?
Why would the other parties be interested in this proposal and how are they likely to react?
What do you think the other parties are prepared to give or accept in full settlement of this matter?
What is your candid evaluation of the strengths and weaknesses of your case?
What is your likelihood of success in the pending litigation, and the best- and worst-case scenarios if the case is fully litigated?
It is imperative that the mediation conference be attended by all persons whose consent is necessary to a resolution of the dispute.