The mediator’s role
Mediation is a form of alternative dispute resolution. The mediator facilitates discussion but generally does not decide liability or impose a result. Procedures and confidentiality rules vary.
Preparing for the session
Review the disputed facts, important records, legal positions, claimed losses, prior offers, and practical constraints with counsel. Identify who has authority to make or accept an offer.
Evaluating a proposal
Consider more than the gross number. Ask about fees, expenses, liens, payment timing, release language, confidentiality, tax questions, and any non-monetary terms that may apply.
If there is no agreement
A mediation can end without settlement, and the case may continue. Ask what information remains unresolved and what the next procedural step would be.