Before the mediation, think about the case as if you are going to trial. But do not behave in the mediation as if you are in trial. The point is to resolve the case, not to prove how difficult you will be on the witnesses at the depositions. Do not use the mediation for an […]
LADR Bulletins
Keys to a Successful Mediation of a Class or Collective Action under the FLSA
In order to give yourself and your clients the best chance of success in mediation, carefully consider the following issues in advance. (1) Who will be the mediator, (2) Who should attend the mediation session(s), (3) What information do you need in advance of the sessions, and (4) what information should you provide to the […]
Is a Pre-mediation Conference a Good Idea?
One factor in selecting a mediator is whether he or she routinely offers pre-mediation conferences, which are typically held separately with the parties. These conferences can be extremely beneficial in getting the parties in a place where they can resolve their disputes. Any psychological or other barriers to settlement that you have observed should be […]
