Best Practices include:

  • The client and attorney must be clear on who will talk and when.  Cf. The Godfather.  See also, Mediation Advocacy.
  • All documentation that might become relevant to the negotiation should be present at the mediation.
  • The parties and attorneys should be clear where impasses lie prior to mediation.  A good faith attempt should be made to resolve issues as much as possible.
  • ​The attorneys should make their clients aware of the information on this website prior to the mediation.
  • The mediator will accept confidential information from the parties only after both sides are aware of their right to submit such information.
  • The mediator can provide video conferencing, including in the offices of the attorneys.  Any on-site set-up necessary will be charged at the mediator's regular rate.
  • The mediator can provide translation services for the cost of such service.

Ground Rules:

  • The parties each have total control over the process. Process disagreements will be negotiated as they arise (e.g., who can attend the mediation).  Any participant can discontinue mediation at any time.
  • The mediator may reference the law, even where the law may favor one party over the other.
  • ​The mediator will use statutes, case law, his litigating experience, and experience with other disputing parties, in his attempts to craft an acceptable agreement.
  • This mediator prefers keeping the parties together as much as possible, though either party can choose to limit contact with the other party.
  • ​The mediator will appreciate payment immediately following the mediation.  Most forms of payment are acceptable.
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Preparing for Mediation