This is the fifth article in this series on mediation advocacy. The fourth article (“What You Need to Know About Selecting a Mediator,” published April 17) discussed how to find mediators and how to decide which mediator to select. The article continued a hypothetical scenario in which the parties, Widgetronics and DesignMetrics, entered into a contract containing a dispute resolution clause and became embroiled in a dispute over Widgetronics’ alleged wrongful termination of the contract.
The parties selected their mediator, so the next step is to meet with her in person or by phone to discuss logistics of the mediation and the mediation process. This article provides a description of the various issues typically discussed at that meeting. Counsel should view this meeting as a significant opportunity to shape the mediation process to meet their client’s needs and should prepare for the meeting accordingly.
