After you have submitted your mediation statement, if you don’t receive a timely call from the mediator, call to make sure the mediator understands your legal case. Also, use the opportunity to discuss relevant related issues, such as the parties’ expectations and priorities; has there been enough discovery that the case is ripe to mediate; will all necessary parties and nonparties be present; will party representatives have sufficient authority; is the defendant collectible; how might a settlement best be structured; does a party want to set or avoid setting a legal precedent; does a party want to seek or avoid publicity? It is almost always fruitful to speak privately with your mediator in advance of the mediation.
Francis Carter
