Letter to Legal Counsel
One way of pre-empting problems with mediation participants' independent legal counsel is to put them on notice of the mediation and to let them know how you hope they will assist their client in the process. Such a letter follows:
As I believe you know, I will be working with ______ and ______ as mediator. My understanding is that you will be serving as _____'s individual legal counsel. I look forward to your assistance and to working cooperatively with you. As _____'s individual counsel, I will be counting on you for the following:
- To help ensure that all issues _________ would like considered in the mediation are addressed;
- To help ensure that ___________ is acting with full desired information and documentation;
- To help ensure that ___________ receives desired individual legal advice and information; and
- To suggest specific settlement options on disputed issues.
I want to encourage you to meet with _______ early in the mediation process, when we develop a first comprehensive draft mediated agreement, and, of course, prior to signing any final settlement. Thank you for your time and cooperation. Please call me with any questions, concerns or suggestions you have.
Very truly yours,
James C. Melamed, J.D.