Pre-mediation description

What is “pre-mediation?” I am referring to a pre-mediation conference between at least the lawyer and mediator, and preferably between the mediator and the lawyer with his party. In the physical world that can be hard especially in the cities. With the advent of Online Mediation, it’s only a few clicks away. I have begun having just a 15-minute pre-mediation Zoom with the lawyer and party.

Why have an advance conference?

My purposes are several. One is to be sure the party — who may be using Zoom for the first time — has adequate equipment and a decent internet connection. I also run them through going to a breakout room, muting and unmuting, and just using the system for a few minutes.

Another purpose is to introduce myself prior to the day when the party will surely be nervous and apprehensive of the process and what the day may produce. By having an advance comfort level — no matter how minimal that may be — the party is better prepared to engage actively in the process. This meeting, in addition to materials on the website for the client/party to read should give them a degree of comfort going into the session.

Lastly, there is the chance to have a “face-to-face” briefing from counsel.

Pre-mediation briefing from the lawyer

All who have mediated with me know that I like — I really, really, like — to have advance materials about your side of the case. Formal mediation memo, email, copies of live pleadings especially pending dispositive motions, and/or a phone or Zoom call is appreciated. I have even included on my website some suggestions of what I like to see for different types of cases.

Additionally, I find that a pre-mediation briefing is also helpful. In order to facilitate that, I have begun combining a brief Zoom session with attorney and party. At that session (which is planned for 15 minutes) after I introduce myself to the party and run through the Zoom aspects and about the mediation process, there is then the opportunity — with or without the party remaining — for the attorney to talk further about the case. If I already have a mediation memo in some form, this is a chance to clarify points in the memo. If a memo has not preceded the conference, then this is the chance for me to understand the case from that side’s perspective.

Setting up a conference

Generally, I will send out an email inviting the conference and briefing about two weeks prior to the mediation date. Alternatively, the proactive attorney can request such a conference via my Calendly scheduling system by clicking here. While Zoom is suggested, Microsoft Teams or a simple phone call can be scheduled.