Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements from Mediate
Michael Lodge, NCPM, Nationally Certified Mediator www.lodge-co.com
I am sharing this article on the do's and don'ts of mediation. I give this lecture a lot to mediation clients. Excellent article and good to share to you who are considering mediation.
by Rachel Gupta from MEDIATE newsletter
In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs. As a result, mediation has become, more than ever, a necessary alternative to litigation. Many lawyers and clients, however, are less experienced with developing mediation strategy, which in turn impacts the potential for the parties to reach agreement. For example, mediation statements are a critical opportunity for parties to educate the mediator and help her prepare for the day of mediation. Oftentimes, lawyers do not use this opportunity as effectively as they could. The most useful mediation statement is one that: helps the mediator understand why the parties are where they are; what issues need to be resolved prior to reaching an agreement, and what is important to a party in any negotiated resolution. The following are five do’s and five don’ts to keep in mind when drafting a pre-mediation statement.
Five Do’s for Pre-Mediation Statements:
Five Don’ts for Pre-Mediation Statements:
Ms. Rachel Gupta has her own ADR practice, Gupta Dispute Resolutions LLC, where she serves as a mediator, arbitrator, and outside general counsel to small businesses.
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Michael Lodge is a Nationally Certified Professional Mediator specializing in business disputes, as well as family conflicts. He has written three books and hosts an international podcast on IHeartRadio and other podcast media stations.