Commercial Mediation Part VII: Arriving at Closure, Follow-up and Multiple Sessions, and an Overview of the Benefits of Mediation and Mediation Practice Building

Whether as goal or as natural result of a process of empowerment, recognition and understanding, there comes a time for closure – to materialize and finalize the parties’ agreement.  This often happens at the end of a day of mediation, and might also occur after follow up communications or multiple mediation sessions

In Part VII of this Commercial Mediation program, we review considerations attendant to final stages of mediation, including capturing, testing, and memorializing deal terms. Where matters have not resolved during a first mediation session, we emphasize the importance of follow up, and discuss optimal ways to continue negotiations – whether through subsequent phone conferences, email communications or additional in-person mediation sessions – joint or caucus. Messrs. Hochman and Baum will address separate topics of interest to commercial mediators.  These include understanding the benefits of mediation (and communicating them to parties and counsel).  They address questions raised by participants from earlier Parts of this 8 part Commercial Mediation webinar, and, time permitting, will provide tips on building one’s own practice as a commercial mediator.

Learning Objectives: 

I.       Understand how to bring a deal to closure 

II.      Memorialize key deal terms 

III.     Comprehend how to keep a mediation alive if the first mediation session does not produce a deal 

IV.    Recognize the importance of homework 

V.     Cultivate effective follow up conferences, communications and subsequent mediation sessions 

VI.    Effectively communicate the benefits of mediation 

VIII.  Build your own mediation practice:   

a. Bar participation

b. Practice

c. Web presence

d. Teaching and training

e. Mentoring

f. Publishing

g. Mediation agreement and forms