Mediation FAQ’s – Part 1

Each week we will answer questions that your clients may have, regarding mediation.

Most people have seen hundreds of trials on Tv or in the movies, and they have at least a general understanding of what happens. But when it comes to mediations, many clients have no idea what to expect. This blog post can help you prepare your clients before the mediation. Go ahead, print these out or email them to your client!

Questions answered this week:

  • How long will the mediation take?
  • What should I wear?
  • Who will be at the mediation?
  • Will the judge be at the mediation?

 

1. How long will the mediation take?

You should plan for the mediation to last all day. Sometimes mediations move more quickly, but generally speaking, I find they take about a full day. Remember that if you set aside the whole day, you can always find something interesting to fill the rest of the day. But if you plan for the mediation to last just part of the day, you may wind up having to choose between missing what you had planned for the rest of the day or missing out on an opportunity to get your case over and done with at the mediation.

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2. What should I wear?

You should wear nice clothes that are comfortable. I tell clients to think about what they would wear to a religious service, and keep it at that level or maybe slightly more casual. The other side will be watching you and thinking about how the jury will view you. You want to put your best foot forward. In case the conference room is cold, be sure to bring a jacket.

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3. Who will be at the mediation?

The mediator will be there, of course, as will the attorneys for both sides. The plaintiff will almost always be at the mediation, but the defendant may or may not attend. For example, in a car wreck case, the defendant car driver may not be present, particularly if he is not local. Sometimes one party will also send an adjuster or a corporate representative.

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4. Will the judge be at the mediation?

No. The mediation is a chance for the parties to try to work out a settlement before trial. The judge will not be there.

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Stay tuned and check back in next week for Part Two! If you have any questions that you think could be helpful to others, please submit them via email to rlr@bayadr.com. We try to answer all the questions that get submitted!

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