Mediation PROCESS
How are Mediation Sessions conducted?
Mediations are conducted online, in-person, or in any combination that makes sense for the parties and their attorneys. Online mediations are typically conducted using Zoom, and they can be tailored to meet the needs of the parties and their attorneys.
In-person mediations take place at a mutually agreed upon location. A neutral location can be provided at the parties’ request.
Attorneys are invited to contact us to explore options for mediation.
The Process
Initiating Mediation
For immediate availability, please call Case Managers, Briana Castaneda (949-822-7272) or Sonia Patel, Esq. (949-822-7270), or email Cases@LaneADR.com.
Matt is able to assist the attorneys and parties with convening the mediation if necessary.
Mediation can take place in-person, online, or in any combination that makes sense for everyone involved. A neutral location can be provided at an additional cost for any in-person mediation.
Pre-Mediation Conference
Prior to each mediation, counsel is invited to join Matt separately for a telephone conference to discuss the matter.
The telephone conference can take place at the convenience of counsel, and usually occurs a week or two before the mediation session.
Written Statements
Parties are invited to provide written statements at least one week prior to the mediation session. These briefs are crucial to the success of the mediation, and will be studied carefully.
Written statements should include a description of the facts as they relate to the claims, the relationship of the parties, the procedural history of the case, an analysis of the respective strengths and weaknesses of each party’s position, a history of prior settlement negotiations, and identification of key exhibits.
Parties are encouraged, but not required, to share all or part of their mediation statements with each other prior to the mediation session.
The Mediation Session
Each mediation is specifically tailored to the matter. Most mediations start with private sessions with attorneys and their clients; however, joint sessions may take place as well.
The format of the mediation session will be modified as necessary depending on the needs of the case. Flexibility, ingenuity, and creativity are key to successful resolution.
Memorializing the Agreement
Settlement terms are to be memorialized in writing and signed by the parties once a settlement has been reached.
Whether to memorialize a settlement with a term sheet or a long-form agreement is left up to counsel.
Confidentiality
All mediation participants sign a written confidentiality agreement at the outset and acknowledge that maintaining a safe, confidential space to discuss the matter is critical to our process.