2020 Wrap-Up: Changes in Mediation

Allen Schreiber • December 30, 2020
From 2020 to 2021

A pandemic and litigation. Not a good mix, as almost all of the processes of litigation require “gathering.” To say the Covid outbreak was disruptive would be an understatement!


So what have we learned about mediation during 2020? It worked for those who adapted. 

 

After doing over 100 mediations/arbitrations again this year, I see three main takeaways on how to improve success. These tips will improve your mediation outcomes during the continuing Covid outbreak and after we resume our ability to meet and gather together in 2021.

1. Improve your Pre-Mediation Discussions. Spend more time on your mediation statement to give the mediator important details. What are the obstacles to settlement? What are the true strengths and weaknesses of your position? What is the status of negotiations? Conduct a pre-mediation phone call with the mediator before the mediation.


2. Flexibility. Zoom. Text. Email. Phone calls. All of these forms of communication should be implemented during the process. There are more obstacles for communication by being “remote,” so being patient and flexible will allow the process to work. Be flexible and open to different forms of moving the discussions forward. 


3. Follow-Through. Make sure you use a mediator who, if the case does not settle, will follow up with the parties following the initial mediation. Give your clients an understanding that mediation is a process and often takes days or weeks to reach resolution.


Follow these three tips and you will definitely see an increase in your ability to resolve cases!


I hope everyone has a safe, and FESTIVE, New Year!!! I look forward to mediating or arbitrating for you in 2021.

Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.