How do I choose a mediator? Jul 20, 2017 by David Hiers
There are a lot of good mediators out there. I would recommend trying several and then picking the one(s) with whom you feel the most comfortable based upon your personality, the mediator’s style and your particular case or client. You should be aware that there are two types of philosophies for mediators: the message takers […]
What should I tell my client before mediation? Jul 20, 2017 by David Hiers
Procedure: Although the mediator will explain the procedure (joint session, private sessions, etc.) during his or her opening, it is a good idea to explain the procedure to your clients if they have not already been through a mediation so that they are as comfortable as possible. Merits: Whether your client is experienced in mediation […]
What should I tell the other side before mediation? Jul 20, 2017 by David Hiers
How much information you disclose prior to mediation depends on your case and the status of the parties on the other side. Normally you want the other side to know about the strengths of your case so that they can evaluate their risks before the mediation. This is particularly true if you are dealing with […]
Don’t surprise corporate defendants or insurance companies with new evidence at mediation. Jul 17, 2017 by David Hiers
As gratifying as it may be, blind-siding an insurance company or corporate defendant with new evidence at mediation usually guarantees an IMPASSE. They usually need time and a committee to analyze evidence. You will probably have to provide all pertinent information to them BEFORE the mediation.
Avoid the EXTORTION trap! Jul 17, 2017 by David Hiers
If your case involves facts that also make it a criminal case, be very careful not to use words such “and I won’t go to the State Attorney with this…” as part of your negotiations. This is extortion and subjects you to criminal sanctions and a bar complaint!