Mediation Process

Mediation Scheduling

To schedule a mediation, please contact Mike via phone or email to determine his availability. Before confirming a mediation date, please ensure that all decision makers, including the parties and any insurance adjusters, are able to attend. Please be prepared to provide the case name and court/arbitration case number (if applicable), the names  of all parties, the names of all counsel, the type of case (single-plaintiff, multi-plaintiff, class, or PAGA), how the mediation fee will be divided between/among the parties, and the preferred format/location for the mediation (Zoom, in-person, or hybrid). Once a date has been confirmed by all parties, an agreement to mediate, an invoice, and other related documents shall be sent to each party. 

Mediation Location

Mike conducts mediations in-person, via Zoom, or by a combination thereof. If the parties cannot agree on a location, Mike can help secure a neutral location. However, the mediation fee does not include any additional charges for mediation space if the parties desire an in-person mediation and one of the parties cannot host the mediation.  

Pre-Mediation Conference

Mike strongly prefers to have a telephone conference with each attorney prior to the mediation to discuss the case, including any logistical issues or concerns that the parties may have.

Mediation Briefs

Mike spends significant time preparing for each mediation. To that end, he requires that each party submit a mediation brief at least five days prior to the mediation date to allow him sufficient time to review the briefs, do any necessary research or follow-up, and otherwise prepare for the mediation.  The mediation brief should include at least:

• A summary and timeline of the relevant facts

• The current status of the matter (i.e., pre-litigation, litigation, arbitration, etc., as well as identifying the assigned judge or arbitrator)

• A summary of any discovery conducted to date

• A brief summary of any relevant legal authority. Unless it is a novel area of employment law or a party is advancing a unique legal theory, there is no need to spend a great deal of time on this portion, as Mike will already be familiar with most areas of employment law 

• Key evidence, including witness declarations

• An analysis of damages

• A summary of any settlement discussions to date

Mediation Day

In general, Mike will commence the mediation with each party in a separate conference room (or Zoom breakout room).  However, Mike believes that, in certain cases, a joint session might be useful, either at the outset of the mediation or at some point during the mediation. 

Mike will require the parties to sign a Confidentiality Agreement and remind the parties of the “ground rules” of the mediation. From there, Mike will conduct private caucuses with each party to delve into the facts of the underlying dispute and carefully listen to what each party has to say. In this regard, Mike will generally request to hear directly from the parties, as opposed to the lawyers. 

After the Mediation

If a settlement is not reached on the day of a mediation, do not despair. Mike will follow-up with the parties as necessary to continue to try to broker an agreement.