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What Will Happen At The Mediation?

First, I prefer to have a pre-mediation discussion by telephone with counsel a few days before we meet.  I find that these conversations give me a flavor for the dispute that I cannot always get from the written briefs, and help me to jumpstart the actual mediation by getting to know the attorneys and their issues better.  Attorneys often choose to use this phone call as an opportunity to deliver an ”opening statement,” laying out their client’s case in a safe environment where they are not likely to enflame emotions as sometimes happens when opening statements are given with litigants present.  I appreciated the candid exchange, as well as the advocacy in an environment that is not likely to set negotiations back because someone is offended.

Second, I like to start the day with a short joint session.  In the joint session, all participants will be introduced and will sign a confidentiality agreement before proceeding.  Next, I will take a moment to introduce myself and my background as a professional neutral, and outline the process of holding separate sessions.  I will ask for a commitment to the process of the mediation.  You should be prepared to commit to making a good faith effort to settle your differences at mediation.

Jay Young is a Mediator in Las Vegas, Nevada.  He can be reached at www.nevadalaw.info or at www.armadr.com.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.