Give your mediator a call after you send that mediation brief. Think of it as a chance to advocate the strength of your position before the mediation begins. Consider discussing:
- The facts of the dispute;
- The history of bargaining between the parties;
- The roadblocks to settlement and the reason the matter has not resolved without the assistance of a mediator;
- Your client’s personality and needs that should be addressed by the mediator, including whether you need the mediator’s assistance to temper the client’s expectations;
- Any pending trial dates or motions and their possible impact on the settlement process;
- A reasonable settlement range and why the range is appropriate and based in the law and fact; and
- Any other matter that will inform the mediator or better arm him/her to advocate for your position with the other parties.
I often learn more in these calls than I do from the parties’ briefs. They are invaluable and assist in allowing a smooth opening of the mediation that allows me to address the client, knowing what the advocate needs and wants from the mediation.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.