ADR Services - Ralph O. Williams, III

1. Get the better conference room.  If you are going to be there all day, you might as well be as comfortable as possible. 

2. Settle in.  Find the essentials; drinks, foods, phones, internet connection protocols and rest rooms. 

3. Meet with clients/colleagues.  Go over last minute strategy and tactics. 

4. Preview visual aides.  Microsoft PowerPoint, video tape and other presentations and their associated equipment need to be previewed before the joint session. 

5. Influence process.  Talk to the mediator and pre-sell your ideas for the mediation i.e. no joint session, subjects to avoid with your client or settlement ground work done prior to the mediation. 

Avoid a Bad Start

Refrain from writing invective-laced mediation briefs that attack the other party and/or their counsel.  This tactic only produces ill will and lowers people’s willingness to discuss settlement.  Worse yet, the mediator consumes valuable time attempting to repair the damage and getting the players to behave civilly

Blow up an exhibit

We are a visual world. When you blow up an exhibit for mediation it has impact on the mediator and the other side. It says you are prepared and are doing a first class job on your case.

Joint Sessions – The Good, the Bad and the Plan

Mediating “by the book” requires that we start each mediation with a joint session.  This may not always be the best idea.  Below we look at the good, the bad and the planning of joint sessions.

The Good:  The parties and counsel can meet and greet.   There is the opportunity to present and explore the facts, legal issues and damage calculations, getting everyone on the same page for a productive mediation.

In Mediation Joint Session, Address the Other Side

During the joint session of a mediation, address your remarks to the other side’s decision maker and counsel, not to the mediator.  In order to achieve the result you want, the other side must be persuaded that there is risk in continuing to litigate and that settlement is the better alternative.  A professional, straight forward, and appropriately passionate presentation directed to the other side’s decision maker effectively communicates your position with impact that lasts through the

mediation. 

What About Lunch?

Mediations stall when clients and counsel recess for long lunch breaks.  Usually by noon the mediator is busy meeting individually with each side.  The best lunch plan is to order in or pick up from the café in the building.  The mediator can meet with the parties while they eat, continuing the mediation’s momentum though lunch.