In multi-dimensional mediation, open communications take many paths, through people and technology
✍ Scribed by Paul E. Mason
- Book ID
- 101460547
- Publisher
- Wiley (John Wiley & Sons)
- Year
- 2010
- Weight
- 264 KB
- Volume
- 28
- Category
- Article
- ISSN
- 1549-4373
No coin nor oath required. For personal study only.
✦ Synopsis
should recognize the need for flexibility in the mediation sessions and should be prepared to reevaluate in light of new information received and the mediator's suggestions.
- Prepare a Draft Settlement Agreement. Mediators will insist, at the very least, that upon reaching a mutually acceptable resolution, the parties enter into a binding term sheet on all key issues. This document is essential for avoiding a subsequent disagreement about the settlement terms, and to avoid the possibility of later remorse. Most neutrals ask mediation advocates to bring a settlement agreement draft covering the key economic and non-economic issues that need to be addressed in the event the dispute is settled in mediation.
Perhaps motivated by a feeling that the dispute is not likely to settle in a mediation session, many advocates don't follow this instruction. As a consequence, at considerable expense, advocates often spend hours drafting a term sheet after achieving an agreement in principle at the end of the day.
At this point, advocates and their clients often find themselves tired and unprepared, find that they are without important information or key documents, and overlook key noneconomic issues. Drafting an agreement at the outset is valuable for preparing the final term sheet. It also is another vehicle through which client and counsel can articulate and review the client's direct and collateral goals and interests before entering the mediation.
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Preparing for mediation requires an approach vastly different from the path an advocate takes when preparing for a deposition or trial. At the same time, mediation advocates can maximize the potential for successful outcomes by employing the same level of dedication and professionalism as when preparing for trial.