Initiating the mediation
To schedule a mediation, please call Glenn's office directly. When reserving a mediation, please be prepared to provide the following information: (a) the names of all parties and their attorneys; (b) the proposed location for the mediation; and (c) any arrangements made regarding the allocation of the mediation fee.
Parties are strongly encouraged to submit mediation briefs. The briefs should summarize the facts, the claims asserted, and the defenses to claims, as well as give a short litigation history and summary of settlement negotiations. A thorough discussion of damages is also helpful. Counsel should also include any other information they deem relevant to the mediation, including any particular facts that may help or hinder the resolution of the case. Briefs should not exceed 10 pages, exclusive of key exhibits, and should be submitted at least five days prior to the mediation. Unless the parties mutually agree in advance, Glenn will hold all mediation briefs in confidence.
Location of the mediation
Glenn has offices which can comfortably accommodate almost any mediation. Additionally, Glenn is available to travel to mediations at remote locations.
Attendance at the mediation
During the pre-mediation conferences, Glenn will discuss with counsel for both sides who will be attending the mediation. In addition to all parties and their counsel, it is crucial that any other decision makers be present at the mediation. In the event there is relevant insurance coverage, defense counsel should arrange for the attendance of the insurance representative, or at a minimum, for the availability of the representative by telephone throughout the entire mediation day. To reduce the anxieties of all participants, each side will be notified regarding who will be attending the mediation.
The mediation process
Just as all cases are unique, Glenn believes that all mediations are unique. During the pre-mediation process, Glenn will discuss with counsel whether or not they believe a joint session will be helpful to the resolution of the dispute. In the event all parties agree to participate in a joint session, all counsel will be given an opportunity to make a presentation supporting their case. In addition, parties may speak at a joint session if they so choose. The joint session is typically followed by confidential private caucuses between Glenn and each party. At times, however, Glenn may request sessions between counsel or additional joint sessions, all depending upon the developments of a particular mediation.
Agreement of confidentiality
All statements made in the course of the mediation are privileged settlement discussions. In order to facilitate the mediation process, all parties must agree that any statement made or information disclosed to the mediator, whether in joint session or in private caucus, is privileged information which cannot be compelled under any circumstances. Prior to the commencement of the mediation, all participants will be asked to sign a mediation confidentiality agreement.