Oren Weinberg Mediation
If the parties are represented by counsel, it is helpful to have mediation memos prepared and exchanged in advance of the mediation. The purpose of the memo is to set out relevant background facts, the legal issues and the parties’ analysis and argument about the legal issue. An effective mediation memo also explains what the party’s goals and interests are in resolving the dispute, including what the party perceives the other party’s goals and interest to be. The memo should address concerns the party has about what might stand in the way of settlement should set out a proposal for resolving the dispute.
The mediation will proceed as planned by the mediator and counsel or the parties. In most cases, the mediation starts with a joint conference and then breaks into separate sessions. Often times the parties remain in a joint session to share information and contribute to a resolution. Other times, it is helpful to break out into separate sessions so that the parties can share sensitive information with the mediator, create a plan to continue the negotiation, brainstorm settlement proposals or simply analyse the case.
If the mediation results in a settlement, I will prepare a memo of understanding that reflects my understanding the agreement reached that you can review with your lawyer. If an agreement is not reached you will have an opportunity to explore the obstacles to resolution and plan how to resume the negotiation in a follow up mediation.