Every case is different, but each mediation has a structure and a plan. My approach is described a Mediation Procedure memorandum which I encourage you to review. It covers, among other topics, my practice regarding pre-mediation conferences, mediation briefs, and conduct of the mediation. Each person attending the mediation must sign a Mediation and Confidentiality Agreement, which I request you to read and return to me before the mediation if at all possible. Finally, I will send a letter to counsel and any unrepresented parties summarizing the plans for the mediation. A template of that letter can be read here.
Some recently resolved cases . . .
· The owner of artwork delivered on consignment to another seller sought recovery from the consignee’s insurance carrier when the artwork was damaged.
· Nurses employed by hospitals claimed that uniform adoption by hospitals of a work schedule reported through a hospital association survey violated the antitrust laws.
· An employee claimed that a business owner orally promised a retirement payment that was not paid when the employee left to work for another company.
· The planned purchase of a dental practice produced a dispute between buyer and seller about the terms of the sale and the role of a broker.
· In a series of related cases, consumers alleged deceptive advertising about the alleged risks of consuming a beverage product
· On behalf of a class of purchasers, consumers claimed the advertising for a soap product was inaccurate and misleading.