MEDIATION QUESTIONS
- Won't settling cases through mediation negatively impact legal fees for both sides?
Not at all. In fact, proactive ADR law firms find their earnings increase because they are able to handle a greater volume of claims.
- What if the case doesn't settle?
You and your client still come out ahead. Again, mediation is non-binding, and, as a result of the process, you'll gain a better understanding of the case. In addition, the process will help narrow the issues and focus the arguments, resulting in less extensive discovery and shorter trials.
You can go through the mediation process anytime, however, sooner is better for maximum cost reductions. In addition to saving time and money, experience has shown that employers may be more willing to settle in the early stages of the proceedings, than after the expenditure of legal fees.
- How do I initiate a mediation proceeding?
Contact the offices of Justus ADR Services at (412) 281-9112. We'll take it from there.
- What takes place in a mediation session?
All sides to a dispute will be present at the mediation session. For example, participants in a typical tort case usually include the plaintiff and plaintiff's counsel, an insurance company representative, a defense attorney and the mediator. In a commercial case, the owner and/or managers would attend, along with their attorneys.
All parties, representatives and the mediator first meet in joint session. After introductory remarks by the mediator, each side is given a brief opportunity to explain their position. These short and informal opening statements are a starting point aimed at gaining an understanding of each side's perception of the problem.
After the joint session, the mediator meets with each side individually. The separate meetings, called caucuses, are confidential. In each caucus, the mediator and parties discuss the risks of the case (best and worst outcomes), quality of evidence and litigation costs. The mediator also explores possible settlements. It is common for the mediator to go back and forth between the parties several times throughout the session.
- What are the benefits of mediation?
- Settles disputes early.
Most cases settle prior to trial. So the real issue is not if a case will settle, but when. Mediation brings settlement negotiations to a head much more quickly than if the case proceeds to trial.
- Improves everyone's understanding of the case.
The mediation session is designed to educate everyone about the legal, factual, and practical issues involved, which can be particularly helpful to those unfamiliar with litigation or claims. Many attorneys have told us that their clients would not have accepted a reasonable settlement if they had not attended a mediation session.
- Informally explores settlement options.
Because of the confidential nature of the caucus, the mediator explores settlement options without exposing your final position. This eliminates the "posturing" that takes place during two party-negotiations.
- Organizes multi-party negotiations.
The mediator plays a major role in organizing the multi-party discussions and putting a settlement package together.
- Preserves continuing relationships.
Mediation is particularly appropriate in situations where the disputing parties will be working together after the dispute is resolved, such as construction projects, commercial leases, partnerships, business suppliers, etc.
- Settles disputes early.
CANCELLATION POLICY
- What is JUSTUS ADR'S cancellation policy?
Because our mediations are often booked weeks in advance and because it is difficult, if not impossible, to arrange a mediation at the last minute, if a case cancels within 10 business days we charge a cancellation fee.
Please understand that what a mediator sells are blocks of their time. Without sufficient notice, the mediator is unable to recover that loss. We therefore charge a percentage of that loss to the parties responsible and absorb the difference ourselves.
We require written notice of cancellation or request of postponement or continuance, any of which must be received in our office no later than ten (10) business days before the scheduled date of the mediation. Should any of the parties cancel, postpone or continue a scheduled session after this time, the requesting party(ies) will be billed a fee equal to one-half of the total fees and administrative charges that would have been charged on the case had the mediation taken place.
We will make every attempt to re-book the day in question and in the event that we are able to "fill in" that day with another session, the canceling party will be promptly notified and the cancellation fee dropped or adjusted appropriately.