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MEDIATION PROCEDURES
INITIATING MEDIATION
Ms. Krakow's available mediation dates can be obtained by telephone or
email inquiry. Mediation dates are booked on a first-come, first-served
basis. When seeking to reserve a mediation, please be prepared to provide
the following administrative information:
(a) parties' names; (b) name,
address and telephone for all counsel; (c) the parties' agreed upon arrangement
regarding allocation of the mediation fee; and (d) the agreed upon location
for the mediation.
PRESENCE OF DECISIONMAKERS
One of the most critical ingredients of a successful mediation is the
presence of all decision-makers. Therefore, each side is expected to
ensure
that the principal parties and any person whose approval is needed for
resolution is in attendance at the mediation. In those instances where
there is relevant insurance coverage for a disputed claim, it is expected
that defense counsel will arrange for the insurance representative
to attend the mediation. In the event that is not feasible, the insurance
representative should at a minimum be available by telephone to participate
throughout the entire mediation.
MEDIATION BRIEFS
Ms. Krakow prepares thoroughly for each mediation. To enable adequate
preparation, each party is required to submit a mediation
brief.
Mediation briefs should be confidential, must be submitted by the deadline
indicated in the confirmation letter (typically five days in advance
of the mediation), and should include:
- the material facts giving rise to the litigation
- the legal claims asserted
- the procedural posture of the case
- the strengths of your client's positions
- any critical exhibits
- an analysis of damages
- any prior settlement negotiations, and
- any other information counsel believes would be helpful to know in advance of the mediation (e.g., pressure points that might create negotiating leverage)
When citing case law in a mediation brief, substantive parentheticals are appreciated, preferably quoting the pertinent language.
AT THE MEDIATION
In the majority of cases, Ms. Krakow does not hold a joint session, although
the parties are often convened together briefly at the outset of the
day to review expectations, i.e., of both the mediator and the participants.
If you strongly believe that a joint session would be critical to the
mediation’s success, please contact Ms. Krakow in advance to
discuss the matter. Other than the occasional joint session, the day
of mediation is comprised of a series of alternating private caucuses
with the mediator and each party. In addition, it is not unusual for
Ms. Krakow to meet with an attorney outside the presence of her or
his client.
CONFIDENTIALITY
All statements made at mediation are treated as confidential settlement
discussions. At the outset of the mediation, participants will be asked
to sign an agreement attesting to the confidentiality of all information
disclosed at the mediation.
