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WHY YOU NEED A PRE-MEDIATION CONFERENCE CALL

M. Troy Hazelton

phone on the desk for conference

A Fresno Mediator’s Observations On Effective Negotiations Skills and Techniques In A Mediation: TO SUCCEED AT YOUR NEXT MEDIATION INSIST ON A PRE-MEDIATION CONFERENCE

Did your last mediation have a Pre-Mediation Conference? Probably not.

It is a past-time usually dropped in our fast-paced-answer-every-email-in-ten-minutes-with-six-courtcalls days. However, Pre-Mediation Conferences are vital for a fast and efficient and effective mediation. I promise.

I always want to have a Pre-Mediation Conference with the attorneys at least a week before a mediation. It is remarkably helpful and crucial to set you up for success at the mediation. It has numerous benefits and will help you start on the right foot.

BENEFITS OF A PRE-CONFERENCE MEDIATION

I hear this or some variant all the time, "We don't need a call. We will be there."

I get it. Who wants another conference call. You already had two Courtcalls and four client calls today.

However, I want you to settle your case fast, efficiently, and smoothly. To do that we must eliminate Surprise.

How many of you walked into a mediation, expecting one thing but another happened?

  • Maybe the other side unexpectedly did not have his client/adjuster there and there is no way your client would have flown 300 miles to attend if he knew this.

  • Maybe the other side unexpectedly wanted to do a joint session, and you had no idea until they started railing against your client.

  • Maybe the other side unexpectedly wanted to a presentation and you and your client are left staring a glossy slideshow condemning your client and all you have are scribbled notes taken in the dark.

  • Maybe the other side unexpectedly wanted the clients to converse directly, and your client hates the other side and refuses to even speak with the other party..

These are only a few.

No one likes surprises, and surprises can kill a mediation (or drag it out). When hit with a surprise, attorneys' first instinct is to shut down the mediation or not meaningfully participate. This benefits no one.

To prevent this, I have (and you should also demand from your mediator) a Pre-Mediation Conference.

Gerald Maggio, Esq., a mediator noted:

"The single biggest reason to never say no to a pre-mediation conference call no matter how busy you may be; is because it is actually a way to save time in the long run. By getting everyone on the same page on expectations from the mediation process, all parties can go in ready to get the job done. It will ensure all the right people are in the room when the actual mediation takes place. More importantly, it could also help you define timelines and schedule sessions for the mediation to take place."

 
dialog box

 

BENEFITS OF A PRE-MEDIATION CONFERENCE

The benefits of a Pre-Mediation Conference:

  • It eliminates surprise. Plain and simple.

  • It allows the parties to control the process more. For example, one counsel might want to put on a presentation; this gives the other side time to have a brief rebuttal.

  • It allows the parties to know who is coming. A party can reschedule if he knows the client can only appear telephonically and they want the party there to facilitate settlement.

  • It allows the parties to discuss issues without the presence of their clients, which can help increase candor (at times). Sometimes, legal or factual issues can be discussed easily without clients there because attorneys sometimes feel they must "put on a show" for their clients.

  • It allows the attorneys to work out any fundamental problems before driving and sitting at a mediation.

  • The parties will know if the other is bringing experts.

  • It allows the parties to confirm they are ready to settle; if not, it gives the parties an opportunity to reschedule to a time when it will be most beneficial to a settlement. Perhaps a party needs more discovery or a key witness deposition. As mediators, we want a case ready to settle.

  • When parties have had a Pre-Mediation Conference and arrive in the morning, they are ready to start negotiating. The logistics and delays have already been ironed out. Mediations tend to go faster.

  • Allows the parties to have more accurate expectations of the length of mediations, which typically go longer than anyone ever expects.

For more on Pre-Mediation Conferences check out articles by Joe Dibenedetto or Phillip Cha.

THINGS TO DISCUSS AT A PRE-MEDIATION CONFERENCE

Of course, it will be different for every case. However, in my mediation practice, I have noticed several reoccurring themes at the Pre-Mediation Conference which are typically discussed:

  • Counsel will discuss who will be (or will not be) attending

  • The attorneys can agree if they will to have a Joint session, or not

  • The parties will discuss if counsel/experts put on Presentations or opening remarks

  • We will discuss logistics (such as number of people attending, necessary accomendations)

  • Timing issues, such as the need to catch a flight or leave early/late

  • The attorneys may discuss and even agree on basic facts, such as medical expenses, costs of repairs, even liability for purposes of a mediation only

  • The attorneys discuss how to handle certain clients or parties (for example, one party may be emotional and refuses to be in the same room as the others)

  • We will discuss the use of experts at mediation

  • Counsel may inform everyone of any reason a party will not be ready to settle, such as discovery battles, pending MSJs, etc

These are the most common, but your case may require a unique topic. If your mediator does not set up a Pre-Mediation Conference, ask him to do so to prevent any surprises at your next mediation.

WHAT NEXT?

I am a mediator in Fresno, California who mediates throughout California and beyond. I am available for all your mediations, and I have Pre-Mediation Conferences. You can reach me to schedule a mediation at:

PEEL | GARCIA

3585 W. Beechwood Ave., Suite 101

Fresno, California 93711

559-431-1300

--Troy

 

P.S.-Get a FREE printable PDF of our

TOP 5 NEGOTIATION TIPS-

Plus 5 more BONUS tips.

(Throw it in your briefcase to read while that mediator is in the other room and impress him when it's your turn to negotiate)

M. Troy 

Hazelton,

Esq

Mediator

Special Master

Attorney

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