| In most counties, some form of dispute resolution is | | | | Some clients find mediation more difficult than |
| required before your trial date. The most common | | | | deposition because the mediator is judging your facts. |
| form of alternative dispute resolution (ADR) is | | | | It's important to avoid becoming frustrated within the |
| mediation. Although some mediations take place with | | | | course of mediation even if the other side is behaving |
| all parties in the same room, most mediators prefer to | | | | unreasonably. Even if you do not settle, critical |
| have the parties separated in two separate rooms | | | | information can be learned during the course of the |
| and the mediator will go from room to room to discuss | | | | mediation that may lead to settlement in the future or |
| your case. | | | | may be useful at trial. |
| It's important to note that offers of settlement are not | | | | Do not forget that the mediators job is to obtain |
| admissible as evidence in court. Therefore, information | | | | settlement. It is up to you and your attorney (not the |
| shared regarding settlement offers in mediation are | | | | mediator) to determine if the settlement is fair. |
| confidential. This is not to say that facts learned during | | | | If there is something you would like the mediator to |
| the course of mediation cannot be used at trial. | | | | know that you do not want the opposing party to |
| Anything you say at mediation outside of settlement | | | | know, most mediators will keep information confidential |
| can be used against you. | | | | but you must ask them to do so. It is important that |
| Don't be shy regarding asking the mediator to leave | | | | you specifically ask the mediator about his or her |
| the room if you would like to discuss an issue privately | | | | policy regarding confidentiality of issues. You want to |
| with your attorney. Good mediators will understand | | | | avoid disclosing facts to the mediator without |
| and will allow you to consult with your attorney at any | | | | assurance that the fact will not be shared. |
| time. | | | | |