All parties with settlement authority should be present for the mediation. Short briefs are very helpful and are encouraged, but not required. Confidentiality is strictly enforced. All participants will be required to sign a Confidentiality and Fee Agreement. If any actual or potential conflicts of interest exist or are suspected, the participants should immediately bring the issue to the attention of the mediator and one another prior to starting the mediation.
The participants will have the option of engaging in an initial joint session to discuss the case or breaking into groups immediately after the required paperwork is signed.
The mediation will be conducted in a relaxed, impartial and professional environment, where all participants are encouraged to express their thoughts and goals for the mediation process in an honest and non confrontational manner. The participants should expect to discuss with the mediator the strengths and weaknesses of their respective positions and, if the mediation involves a litigated case, the likelihood of prevailing at trial. All participants should approach the mediation process in the spirit of compromise.
If the mediation is successful, the participants should expect to sign a settlement agreement at the mediation hearing, unless a participant is not represented by counsel and wishes to seek legal advice. If the parties intend the settlement to be enforceable, they should be prepared to execute the appropriate documentation to accomplish that goal.
LAW AND MEDIATION OFFICES OF MARINA A. MACCHIAGODENA