Mediation Process

Initiating Mediation

If all of the parties agree to mediate, please contact Briana Castaneda at (949) 822-7272 or Cases@LaneADR.com for available dates.

If the parties have not yet reached an agreement to mediate, Matt is available to assist with convening the mediation.

Mediations are primarily conducted online, but they can take place in-person, online, or in any combination that makes sense for the parties. A neutral location can be provided 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 mediation logistics and other issues that will help to ensure the mediation begins on the path to resolution. This conference can take place at the convenience of counsel, and usually occurs a week or so before the mediation session.

Written Statements

The 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. While each case varies, it is generally helpful when written statements 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

The mediation session typically begins with a brief joint session in which Matt will discuss the mediation process and the power of mediation applicable to resolving the specific dispute. In general, counsel and parties are not requested to make an opening statement during that time. Each party typically returns to their separate room following the initial joint session.

Additional joint sessions may take place with agreement of the parties, and with express agreement that all mediation participants will continue to maintain civility and respect.

The format of the mediation session can be modified as necessary depending on the case, and the agreement of the parties.

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 the parties and their 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.