Mediation: Questions You’ve Always Had but Were Afraid to Ask


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.

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