During 2011, we wrote a series of posts intended to assist lawyers in helping their clients understand the mediation process.
Mediation Isn’t Just What Happens on the Day People Get Together…
Preparation of the client for mediation is a key component of a successful mediation settlement. Before mediation, the attorney should discuss with the client who should be the mediator, in particular, what qualifications should be desired on the mediator, such as skills and subject matter expertise. The attorney should also explain what to expect the day of the mediation and discuss any confidentiality concerns regarding information that might be disclosed during mediation. Finally, the attorney should also inform the client about enforcement of meditated settlement agreements. If an insurance claim is involved, the Stowers doctrine should be considered in making settlement demands at mediation.
- In Texas, Can a Court Refer my Case to Mediation?
- Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?
- Who Pays for the Mediation Fees?
- Can I Object to Court-Ordered Mediation?
- Is Mediation Confidential in Texas?
- Are Parties Required to Mediate in Good Faith?
- What if Someone Mediates in ‘Bad Faith’?
- Are Mediated Settlement Agreement Enforceable in Texas?
- What if there is an Insurance Claim Involved in my Mediation?
- Mediation and Legal Malpractice