Procedures

Preparation
Each party involved is expected to prepare and forward a confidential mediation brief at least two (2) calendar days before the scheduled mediation. You know your case. You know the potential risks and rewards your clients face, when approaching trial. Knowledge of the case is crucial to successfully solving your dispute. You can help solve the dispute by providing clear and concise descriptions of the the relevant facts, case law and all previous negotiations.

Attendance
All parties will attend in person. You maximize the opportunity for success when clients actively participate in their mediation. Therefore each party is expected to attend the mediation in person. Dispute resolution requires flexibility. Whenever a party elects to avoid the mediation, it reduces the possibility of a satisfactory and enforceable settlement agreement. For corporations, a person with authority to resolve the dispute must attend in person.

Conduct
The parties will be required to participate in the preparation of the negotiated memorandum of agreement. Parties will be allowed to use cell phones, except during their separate caucus sessions with the mediator. Attention is given to those directly involved in the dispute. Thus, non-party attenders may be excluded from some or all of any session.

Mediation Brief
Each party is expected to provide a brief that will enable the mediator to understand their perspective on the dispute, including a history of the settlement discussions and the intended outcomes of the parties. THE BRIEFS ARE CONFIDENTIAL AND WILL BE RETURNED TO THE PARTIES AT THE CONCLUSION OF THE MEDIATION. You may request a Mediation Brief template by emailing: djw@woodardmediation.com