Take Enough Discovery to Make the Case Ripe for Mediation.
Cases often fail to settle when the parties attempt to mediate before the case is ripe for mediation. Until counsel on each side have a
Video Mediations Make Necessary Settlement Authority Accessible
Rules of court and judicial procedural orders require that a party’s representative at a mediation have full authority to negotiate and agree to a settlement.
Learn What You Can About Opposing Counsel and Their Approach to Mediation Before the Mediation Conference.
More and more often lawyers find themselves mediating with opposing counsel with whom they have no previous experience. So, as part of your preparation, find
Provide the Mediator with an Effective Mediation Statement.
Many mediation statements lack information essential to the Mediator’s understanding of the case. An effective statement will be submitted on time and will include: 1)
Submit Your Mediation Statement to the Mediator on Time.
Mediation is mandatory in our trial courts and settles a substantial majority of cases – less than 2% are resolved by an actual trial. Mediation
A Plaintiff That Allows a Defendant to Pay in Installments Should Insist on an Appropriate Penalty in the Event of Default.
A defendant at a mediation will often lack the ability to make a lump sum payment sufficient for plaintiff to agree to a settlement, so
