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Stilettos in Mediation

April 30, 2019

After both parties agree to retain the services of an honest and fair mediator, the general tone shifts significantly. All of a sudden, the parties are no longer at war with one another, and are instead collaborating to reduce the fees, stress and resentment often caused during litigation. However, like any cooperative relationship, proper communication and the fulfillment of obligations on both sides is the key to success for both parties. There are a few specific steps you and your client can take to reduce future headaches for everyone involved: submitting requisite paperwork (such as the plaintiff’s mediation brief) well in advance, for instance, will give both the defense and the mediator plenty of time to review, and can lead to a better session. Likewise, communicating clearly and promptly via email or phone — especially when discussing dates and the status of the claims representative — is proper etiquette and can keep everyone on cordial terms throughout the process.

As a new mediator myself, understanding the mediation process — as well as the rules, etiquette and expectations involved — helps me achieve a fair and reasonable outcome that works for all parties involved. To learn more about the mediation process, as well as my role throughout it, read my article!


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