What to Expect When You Mediate
Every mediator brings a different style and approach to a mediation. Here’s what you can expect from your Murdock Law mediation.
Discuss the Process
When the parties agree to work with a Murdock Law mediator, the first step will be a discussion about the mediation process. Will the parties submit confidential mediation statements to the mediator, or will they share them with the other side? Will the mediation be done in-person or will it be a remote mediation? Does it make sense to have joint sessions with all parties together, or will an entirely separated mediation approach best serve the parties? Talking through these process questions at the beginning helps the parties decide how to best prepare for their mediation session.
Submit Materials to Your Mediator
Once the grounds rules and process are established, your Murdock Law mediator will review all materials submitted by the parties to get a real understanding of the case and the parties involved. Knowing the facts and legal issues of the case is just as important as understanding human dynamics and values at play. A successful mediator considers both the logical and emotional aspects of a case when determining how to best move the parties toward settlement.
Attend the Mediation Session
On the day of the mediation–whether the parties are physically together or attending mediation remotely–your mediator will have a series of break-out sessions to meet separately with each party and their lawyer to discuss the case. These conversations with the mediator typically involve an assessment of the strengths and weakness of your case, the risks and benefits of going to trial, and the desired outcome of mediation. The mediator will ask questions and share insights, while keeping in confidence anything you might not want shared with the other side. The mediator’s goal throughout these break-out sessions with each side is to work with the parties to come up with various settlement options and close the gap between the parties’ demands and offers. While a judge or a jury can only award money or legal remedies, a mediator can work with you to come up with more creative settlement options.
Continue Negotiations After the Mediation Session, as Needed
Sometimes the parties close the gap at mediation but don’t quite get to a final settlement. In those cases, your Murdock Law mediator will remain available for post-mediation calls and continued negotiation among the parties.
Document the Settlement
If the parties reach a settlement, your Murdock Law mediator will draft a document summarizing the terms of the settlement for all parties to sign. When you leave the mediation, you’ll have a signed settlement document in-hand, giving you peace of mind and the satisfaction of knowing that you resolved your case on your terms.
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Make the smart move. Contact Murdock Law to explore how we can help you resolve your dispute, whether before a lawsuit is filed or after litigation is underway.