Commercial Mediation Part III: Preparation for Mediation

To paraphrase T.S. Eliot's East Coker, in our beginning is our end.  Preparation for the in person mediation session can greatly influence the way it proceeds and its potential for a satisfying resolution. 

Part III of Mr. Baum's eight-part Commercial Mediation course reviews the various critical ways in which the Mediator and the parties may prepare for a productive mediation session.  From mediator selection and disclosure, to the initial joint pre-mediation call, to mediation caucus calls, we examine a broad assortment of pre-mediation communications.  We also review essential elements of a useful pre-mediation statement and related exhibits.  Offering guidance to counsel on preparation of their parties, encouraging proper party attendance, designing an effective mediation process, preparing counsel for constructive opening statements and approaches to the process, and fostering exchange and development of key information are among the important steps in the pre-mediation phase.

Learning Objectives:

I.     Understand how best to prepare for mediation 

II.    Handle pre-mediation selection discussions

III.   Initiate and conduct an effective Joint Pre-Mediation Conference Call

             a. Guide counsel on client preparation

             b. Master Pre-Mediation Statements and related submissions

             c. Foster development and disclosure of necessary information

             d. Get the right parties to the table

IV.   Conduct productive pre-mediation caucus calls

V.    Orient parties and counsel for constructive process

VI.   Ferret out emotional and negotiation obstacles and land mines

VII.  Design an appropriate mediation process

VIII. Get up to speed on information, interests, and issues

IX.   Develop a game plan while remaining open and appropriate