The Mediation Process – Follow up Conference Call
Following receipt of mediation submissions, I sometimes conclude that it would be beneficial to discuss issues or concerns raised in them with one or more of the attorneys involved. It could be that something in the written materials needs to be followed up with all counsel so that at the mediation we do not have uncertainty. It could also be that I have noticed something that is unclear which I would prefer to discuss only with one of the lawyers.
At some point along the process I usually get the consent of all counsel to follow things up on an individual basis, and to let them all know that I might be calling all of them, or any of them separately to clarify things. Given that this is a mediation, and I will not be deciding the ultimate outcome, I rarely encounter resistance to this approach. Usually counsel take the position that anything that makes the mediation easier or likely to consume less time is advisable to handle in advance.
If my concerns generated by the written materials can wait until the mediation itself, there is no need for an additional conference call, and I often meet with the attorneys prior to commencement of the mediation in order to address those points. In either instance, this call or brief conference is a good way for me to let counsel know that I have read what they submitted.