Prior to the mediation, please send to my attention a CONFIDENTIAL letter or email setting out the following type of information:
a) Identities of all who will be present at mediation;
b) A basic position statement about the facts, including any disputed issues of fact or law and any position points that you believe enhances your position;
b) The status of discovery;
c) State whether you have enough information to make a settlement offer
d) History of settlement offers
An AGREEMENT TO MEDIATE is requested to be signed by all who will be participating in the mediation process. By agreeing to mediate, you agree to abide by the Rules of Mediation, which are enclosed with this Letter.
I would like to take the opportunity to address a few issues which may otherwise delay a productive mediation:
1) Conflicts: I presently know of no reason why I would not be able to conduct this mediation in a manner other than what you and your clients would feel is fair, impartial, and neutral. Certainly, if you are aware of any information relevant in this regard, please let me know.
2) Information: In my opinion, mediation will be productive if (a) the proceeding is conducted by a person trained and experienced as a Mediator, and (b) the parties have sufficient information to bargain intelligently. I can fulfill the first condition. The second condition requires that you determine what farther information you must have to evaluate your client’s position.
3) Presence at Mediation: A Party Representatives must have COMPLETE AUTHORITY TO SETTLE and must be PHYSICALLY PRESENT at the mediation (unless all parties agree to alternative arrangements).
4) Who May Attend: Please advise your clients they may not bring their children to the mediation (unless, of course, the child is the injured party.) Also, before bringing anyone to mediation who is not an interested party (such as an expert or some unrelated person), please discuss with me first.
I thank you for your cooperation and for this engagement. I will do everything possible to facilitate the settlement of your case on terms acceptable to all concerned.