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Keys to a Successful Mediation
By: Rodney G. Romano, Esquire


From time to time, we’ll have information on this page that we hope will help enhance your mediation experience and we invite you to let us know what topics would be of interest to you
 
Pre-mediation
Exchange accurate specials with opposing counsel about a week in advance of the mediation to assure that you are on the same page with specials, and this will make for a smoother mediation.
 
At Mediation
Customize your opening for each case, because each case is unique.
  • Mediation requires persuasion, not conquest, though sometimes you must be harsh and sometimes gentle.  Think carefully about the specific circumstances of the case.
  • Know your case.  When your presentation is crisp, confident and complete, you present an heir of confidence that attracts.
  • Know the technology.  Know the correct pronunciations of medical terms, engineering terms or other technical jargon. 
Phone appearance
Be sure that if your client is appearing by phone that he/she has a good connection and will be attentive and remain available throughout the mediation.
Summaries – Summaries are most important when the issues are complex or unique.  A good rule of thumb is that if the mediator would need more than 15 minutes to assimilate the facts, do a summary.  Keep it concise and submit it at least a couple of days in advance to give the mediator time to read it.
Patience - Expect the mediator to maintain an appropriate pace for the case but NEVER, NEVER, EVER "CUT TO THE CHASE".  Every case is a custom job; some move quickly and some take time – all require patience.

Choosing a Mediator
  • It's okay to ask for a resume and its okay to interview before choosing.
  • Background, education and experience
  • Methods used
  • Facilities - plenty of meeting rooms, drinks and snacks, phones and Wi Fi.
  • A great mediator for one case might not be the one best suited for another.
  • No Numbers Runners Allowed!! A mediator should be as passionate about his/her practice as you are about yours!
  • Choose someone who is passionate about the mediation process and understands the stresses and rigors of your litigation practice and will persist in helping the parties resolve their cases.
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