Frequently Asked Questions
Mediation Questions & Answers
- What is mediation?
- How do I get the other party to agree to mediate?
- What happens after the parties have agreed to mediate?
- Where will the mediation be conducted?
- What do I need to do to prepare for the mediation?
- Do I need to prepare a mediation brief?
- May I speak directly with the mediator prior to the mediation session?
- How does Mr. Paul conduct his mediation sessions?
- What if the case does not settle at the mediation?
- How is the mediation fee structured?
- What do the mediation fees cover?
What is mediation?
Mediation is an informal process in which people attempt to reach a mutually acceptable resolution of their dispute with the assistance of a neutral, impartial third party - the mediator. Mediation is a voluntary process; the parties are neither compelled to stay at the negotiating table nor are they forced to agree to a settlement. Rather, the mediator assists the parties in their communications and negotiations. Mediation permits the parties to control the outcome of their dispute by communicating and negotiating with the mediator's assistance. If an agreement is reached resolving all or part of the issues in dispute, the agreement is put in writing and signed by the parties.
How do I get the other party to agree to mediate?
Ask us to do it if you have not already done so. We are prepared to assist you in getting parties to the table and selecting a suitable mediator that both sides are comfortable with. There is generally no charge for this service.
What happens after the parties have agreed to mediate?
We will schedule the mediation, send a mediation confirmation letter, discuss any informal exchange of information each party feels would be helpful to the mediation, and engage in a pre-mediation telephone conference.
Where will the mediation be conducted?
Unless the parties prefer to conduct the mediation at a different location, mediations are generally conducted at the Institute for Conflict Management on Ocean Avenue in Santa Monica. Located just across from the Santa Monica Pier, these facilities offer several comfortable conference rooms, with coffee and refreshments served throughout the session. Parking will be validated.
What do I need to do to prepare for the mediation?
In addition to familiarizing yourself with the facts of the case, please consider in advance various acceptable settlement options. Most importantly, arrange to have individuals whose decisions are necessary for resolution present for the entire mediation.
Do I need to prepare a mediation brief?
Briefs are strongly recommended to allow the mediator to gain an understanding of the case before the mediation, and you are encouraged to share yours with the other party. Briefs should include: A summary of the material facts giving rise to the dispute, legal claims asserted, key documents, the procedural status of the case, an analysis of damages, prior settlement discussions, and any other information counsel believes would be helpful to facilitate resolution. If you prefer that your brief remain confidential, so indicate on the first page.
May I speak directly with the mediator prior to the mediation session?
Arrangements can be made to speak to Mr. Paul as requested. In addition, he will attempt to speak with each party's counsel before the scheduled mediation. As soon as the parties schedule the mediation session with Mr. Paul, he deems the mediation to have begun for purposes of confidentiality.
How does Mr. Paul conduct his mediation sessions?
At the mediation, and prior to initiating either a joint or individual session, the mediator will discuss process with each party and/or the party's counsel. While the mediator may share his preferred method of conducting the mediation, he will solicit the views of counsel and the parties directly regarding the process they feel to be most appropriate for the particular matter being heard that day. The mediation that follows is, therefore, one in which all parties have had input as to process. Subject to input from the parties, the mediator may conduct either a joint session or separate sessions, or both. Both joint and separate sessions are confidential and provide a safe environment for the parties to evaluate realistically their views of the case and to explore various settlement options. Counsel, sometimes with the parties, will re-convene in joint session to confirm the terms of the settlement. Agreements are set forth in a written document executed by the parties at the conclusion of the mediation session.
What if the case does not settle at the mediation?
While the vast majority of cases are settled in a single day of the mediation or shortly thereafter, the parties often authorize the mediator to conduct additional discussions over the phone or through another mediation session as necessary to reach resolution.
How are the mediation fees structured?
Rates are based on either a full day or a half day. Mediation fees are usually split between the parties, unless otherwise agreed to in advance. Hourly rates apply when the mediation session extends beyond the amount of time set aside.
What do the mediation fees cover?
Services for which the fees are charged include a review of pre-mediation briefs and/or other materials, the mediation session, administration, and any reasonable post-mediation services specifically requested by the parties. Mr. Paul may continue to spend a reasonable amount of time negotiating on behalf of the parties following the mediation session at no extra cost.