Experienced practitioners know that preparing for a personal injury mediation is not like preparing for a trial or disposal hearing. One of the many differences is the fact that you can speak to the mediator before the meeting. Can you imagine picking up the phone a week before trial and asking the judge can you have a few words about the hearing?
I always speak to the solicitors before the meeting and if I think it is going to help the process will arrange a joint conference call with them both. These calls are an opportunity to identify issues and to ensure that parties are preparing for the mediation.
These are a few of the things I will be checking:
- Who is attending?
- Is the person with full authority to settle attending?
- Have you got up to date costs information and estimates of the trial costs?
- Have you and your clients read and approved the mediation agreement?
- Would any further exchange of documents before the mediation assist in reaching settlement on the day?
- Do you know what happens at a mediation?
- Do you need any guidance on preparing a position statement?
If the lawyers agree I will also speak to the clients just to introduce myself and answer any questions they may have on the procedure. All these conversations are covered by the usual rules of confidentiality.
So get into the mindset that a mediation starts as soon as you choose a mediator and start working with your mediator at the outset.
