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No Surprises on Mediation Day

Mediation Day Planning

What You Need to know for Mediation Day Planning

If a fact or legal position is important, the other side should not be learning about it for the first time at mediation. Rarely if ever in this mediator’s experience has a party changed their position 180 degrees based upon the other side’s revelation of something at mediation. Decisionmakers need sufficient time to process information. If there is something the other side needs to know to be able to settle a case or settle within a certain range, make sure they have it well in advance of mediation. The primary parties who will be called upon to contribute the most need to understand that and why. Simply telling the mediator in a pre-mediation summary does little good if those parties walk into mediation believing they have little or no responsibility for the claims. Even the best mediator will be unable to change that perception. By the time mediation arrives, the other side should have all, or at least most, of the information necessary to reasonably evaluate the risks of proceeding to trial.

To learn more about mediation day planning and what you need to know, contact Florida construction mediator and lawyer Gary L. Brown at (954) 370-9970 or (954) 448-1133.