How do I get the best out of mediation?
How do I get the best out of mediation?
- Remember why you’ve come to mediation: to reach a solution.
- Be aware of, and take responsibility for, the effect of your words and behaviour in mediation.
- Be aware of your best and worst alternatives to negotiating a solution in mediation.
- Take legal advice.
- Take a long-term view.
What happens during a settlement mediation?
Mediation is an alternative dispute resolution process wherein a neutral third party, the mediator, facilitates a discussion between the parties to a lawsuit to promote the voluntary resolution of disputes before trial. In a mediation, each party provides the mediator with materials regarding the case to review.
What should I expect at a settlement conference?
The parties will give the judge some background information about the case so that they can prepare to help resolve the disputed issues. The judge will meet with the attorneys for each side, who will present their positions. The parties do not always attend this part of the meeting.
How long does a settlement conference last?
Time frames There has been some debate about the length of settlement conferences. I allow two or three hours, as this seems to be sufficient for the vast majority of cases in federal court.
What is the difference between a mediation and a settlement conference?
The purpose of the settlement conference is to try to settle a case before the hearing or trial. Settlement conferences are different from mediation in that settlement conferences are usually shorter and typically have fewer roles for participation of the parties or for consideration of non-legal interests.
How do you prepare for a settlement conference?
Settlement conferences may be mandatory (required by the court) or voluntary. Regardless of the type of settlement conference, you should prepare by thinking about what you want and the minimum amount you are willing to settle for. Talk about the case with a lawyer and then submit all required paperwork.
