Private

• Mediation keeps conflict and its resolution out of the public eye.
• Confidentiality agreement keeps the matter between the parties.
• Information given to the mediator in private session is kept confidential except as authorized.

Voluntary

• Encourage clients to mediate when they...

... want early resolution

... want to retain some control over the outcome

... want to keep the matter private

... want to preserve relationship with the opponent

... need and are willing to listen and consider the opponent’s interests

... are concerned about the costs and stress of litigation

... are not able to resolve the dispute without neutral help

... have unreasonable expectations of you or their case

... have interests that cannot be satisfied in court

... need to involve other people who have no place in a litigation

• Discourage mediation when clients...

... need to set a precedent for other cases

... want a "victory" or revenge over the opponent

... are not concerned with future relationship with the opponent

... will not listen

Tips for convening (remember, mediation is voluntary)

• Have mediator or mediation service provider contact the parties, plaintiff first if possible
• Don’t let your client or case appear weak

• Have the mediator explain the process, cite credentials, build credibility
• Don’t discuss case details too soon
• Interview several mediators if necessary to find a mutually acceptable one
• Negotiate and execute a thorough but flexible Mediation Agreement, including:

Names of participants; times, location, logistics of submissions and sessions

Attendance, authority to settle, and right to withdraw

Disposition of any litigation

Issues to be mediated

Confidentiality and other State-specific requirements

Court inadmissibility of mediation statements and documents

Special groundrules

Fees, cost-sharing, payment of the mediator