Mediation Procedure & Recommendations
If all parties are prepared and ready, a mediation presents a great opportunity to achieve a resolution of your dispute. The parties are strongly encouraged to participate fully in a mediation process. To us, that means all of the following:
- Come to mediation when counsel and parties are ready to resolve your matter (emotionally and with respect to discovery needed). Mediators can facilitate a resolution only if the parties commit to the process. In some cases the parties are of the right frame of mind and have sufficient basis to mediate prior to or in the early stages of litigation, before substantial expenses of litigation are incurred. In some cases, some amount of discovery is needed to be able to properly assess the case and to be ready to commit to the process.
- Deliver your mediation brief to us at least five (5) calendar days in advance of the mediation date. David P. Warren likes to have the opportunity to review and familiarize with the briefs of the Parties in advance to be more effective in helping resolve the matter.
- We encourage the parties to exchange Mediation Briefs. If there are matters that you would like to share with Mr. Warren that you do not yet want released to the other party, we suggest that you prepare a separate letter addressing those issues so that the remainder of the brief can be shared. In that manner the bulk of each party’s position regarding relevant issues can be shared. Let us know if your brief has been shared with the other side or kept confidential.
- Feel free to address any unique or sensitive issues with Mr. Warren in advance of the mediation. It helps us to be alert to sensitive matters each side may be addressing.