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Mediation briefs are strongly recommended. It is preferred that mediation briefs be exchanged with opposing counsel; however, confidential or supplemental briefs may be provided only to Gary. Please submit briefs at least 3 days before the scheduled mediation.
Supplemental briefs, for Gary's eyes only, should deal with those points that you believe will assist in resolving the case or major obstacles that you believe exist. Gary would like to have as much inside information as possible to help resolve your case.
If a mediation brief is properly done, it will help each side understand the strengths and weaknesses of their own case. Mediation is an educational process that in all instances should result in the resolution of a dispute.
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If you have additional thoughts and/or questions regarding the mediation process, the facts of your case or special issues, please contact Gary by email or telephone in advance of the mediation.
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Gary's mediation coordinator, Mary Anne, will assist you in scheduling the mediation day(s) and time(s). She will send a notice and confirmation to all parties.
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Attendance at the mediation by all decision-making parties will ensure the greatest probability of success, not only providing the framework for immediate decisions, but also permitting all sides the opportunity to hear relevant issues in a constructive forum.
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It is always beneficial to have a settlement agreement signed at the conclusion of a mediation. If there are special terms that are required in a settlement agreement, it is helpful to have a proposed settlement agreement drafted and available at the mediation. It is important to avoid "buyer's remorse." Gary will help you "close" the deal.
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If no settlement is achieved at the mediation, Gary will continue to make reasonable follow-up telephone calls and emails in an effort to resolve the case. As a mediator, Gary believes that his job does not end on the day of the mediation. In his experience, some disputes are resolved post-mediation with just a little extra effort.
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