370 Lexington Avenue
New York, NY 10017
(212) 967-6799 (ext. 125)
It’s not just about reading a pre-mediation statement. Preparation activity involves joint and separate calls with the Parties’ representatives, discussions about the issues in dispute, coordinated exchange of information, the parties’ expectations from the process, in-depth review of legal arguments and supporting jurisprudence, expert analysis, damages calculations and any other factor that appears relevant to the parties and their advisors in connection with the case. The goal is for the key questions to emerge before the discussion formally begins.
I make a conscious effort to “empty my cup” before listening to the parties and counsel and remain curious about what other people see from their perspectives.
I seek to identify the Obstacles to Resolution and the Settlement Drivers.
I think creatively about Process Strategies and keep challenging the assumptions regarding what will happen next in the process, to be prepared to shift gears or direction at any time. That may involve a change in the way negotiations are conducted, creating an opportunity for issue-focused meetings among lawyers/experts, or relationship-focused meetings between principals, or introducing a technique to break impasse, etc. – There is no “one size fits all” in Mediation.