The Process

Initiating mediation

If all parties have already agreed to mediate, simply call or email us to discuss preferred dates and locations. We can also assist in obtaining the agreement of others to mediate.

Preparing for mediation

The parties and counsel are invited to maximize the chances of reaching resolution at the mediation by asking these questions:

• What needs to occur before mediation in order to be fully prepared to resolve the case?
• What are the merits of the case?
• What are the potential barriers to settlement?
• Are there additional disputes between the parties that should be explored?
• What necessary parties and decision-makers should participate at the mediation? 
• What is the status of insurance coverage and will the carrier participate in the mediation?

Written statements

Mediation briefs are critical and will be studied by the mediators carefully. Briefs should be received at least seven days prior to the mediation. Please include a detailed description of the facts and the claims, the procedural history of the case, an analysis of the respective strengths and weaknesses of each party’s position, a detailed account of any prior settlement negotiations, and key exhibits.

The mediation session

Mediation typically begins in separate rooms, with the mediators spending time with each side in private sessions. If the parties agree, Jordan and Nickie may conduct one or more joint sessions.  At the conclusion of the joint session, the parties return to their respective caucus rooms, and the mediators typically engage in back-and-forth diplomacy between the rooms.

Confidentiality

All participants sign a written confidentiality agreement at the outset and acknowledge that maintaining a safe, confidential space to discuss the matter is critical to our process.