Recently I mediated a case where the parties were all new to mediation, so I took more time explaining what mediation is, is not and its benefits. A benefit in any mediation, of course, is that, because the parties control the process and the outcome, they can work with the mediator to design a process tailored to their case and their needs. In certain cases, another benefit can be designing some or all of the case as a co-mediation.
Managing complex multi-party cases—keeping the ball moving and everyone’s head in the game.
Everyone who has mediated has experienced the momentum that builds at some point, hopefully not too late in the day, to help move a case to resolution. Many have learned that if the process bogs down and loses momentum, opportunities for resolution on the day of the mediation session can be lost. Some cases have so many parties, and/or issues in the primary case, and/ or underlying issues such as bankruptcy or insurance coverage, that it would be unwieldy for one mediator to keep all parties engaged and moving forward during the mediation. Some of these issues may be handled before the mediation session by phone calls, information exchanges, or preliminary meetings. However the day of the session is still key.
Originally published on Law.com.
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