Giulio Zanolla, Esq.
370 Lexington Avenue
Suite 702
New York, NY 10017
(212) 967-6799 (ext. 125)
Giulio Zanolla, Esq.
Preparation activity is designed to identify the core issues and uncover the obstacles to resolution. The goal is to facilitate a coordinated and efficient exchange of information among the parties. Joint and separate calls/video conferences with the parties’ representatives are routinely held before the substantive session. Particular attention is given to the parties’ expectations from the process. A thorough analysis of all elements relevant to the parties in connection with their case, including factual, legal, technical as well as the business concerns, allows for the key questions to emerge before the settlement discussions formally begin.
A mediator’s own belief of what a settlement should look like may impede a thorough exploration of what a settlement could look like. By focusing on listening openly, actively and maintaining a curious approach about the parties’ own perspectives, we can better hear the signals and understand the nuances of each side’s inclination towards settlement.
Each case involves specific circumstances that shape the parties’ perspective about resolution. The mediation process should adapt to the needs of the specific case and the parties involved. A flexible process allows us to think creatively about strategy and to modulate the action swiftly based on the information emerging throughout the discussion. Whether that may involve a change in the way negotiations are conducted, creating opportunities for issue-focused meetings among lawyers, experts and principals, or introducing techniques and process options to overcome impasse, the goal is to constantly be ready to adjust the course to match the parties’ needs along the way to resolution.
In some cases, it becomes necessary to press forward to keep the momentum alive past normal working hours in order to reach closure. In others, it is more productive to shepherd a case to resolution through follow-up work after the mediation session. Either way, the goal is to be proactive in discussing the options available and map a clear course forward keeping all stakeholders engaged. Recognizing that often “the devil is in the details”, our approach is relentless to keep assisting the parties through final resolution, no matter how long it takes.