Preparation for the Hearing
The key for preparing for an effective mediation is total authority to resolve the dispute and an open mind to the negotiation process. Parties should provide the other side with all pertinent statements of position, supportive documentation and other valuable evidence which they believe will be influential to the process.
Initially, depending upon the case, Tim may meet with all of the attorneys and/or the parties. Irrespective of whether there is the initial joint session or not, Tim will then meet with each side separately. These individual sessions are held with all parties and are very useful for narrowing the mediation issues.
Mediations occasionally last 6-10 hours. When a hearing takes longer than four hours or was planned to take more than four hours, experience tells us that the parties often need sustenance and in those situations the Redlands Arbitration and Mediation Service will provide lunch and/or dinner for the parties.
If the process is successful, the parties will have an agreement between themselves. In most cases Mr. Corcoran may assist the parties in drafting their own settlement agreement that they can take home with them.
Once again, full settlement authority and an open mind are the most important elements for preparing for a successful mediation.
Briefs
You are invited to submit a case summary or brief to our office at least five (5) days prior to the session. We encourage these summaries to be exchanged with the other side(s).
Any confidential communications to Mr. Corcoran shall be made through a confidential addendum. The confidential communication should include a history of settlement discussions, your perceptions of the other party’s mediation goals, what you perceive to be potential obstacles to settlement and any relevant information you want the mediator to better understand your client’s perspective.
Attendance
The parties are advised that the California Rules of Court §1634 requires that the parties as well as insurance adjusters with full authority to settle shall personally appear at the mediation session unless excused by the Mediator.
The Mediator requests that the parties advise the Mediator's office as to the identity of all persons who will appear at the mediation session and their relationship to the parties no later than 10 days before the hearing.
