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Steve Rottman's goal as a mediator is to help parties in conflict find their way to a resolution that makes more sense than continued litigation.
His approach varies with each mediation, but it is always predicated on his commitment to being honest with the parties, exploring every avenue of
resolution, remaining impartial, maintaining confidentiality, and respecting the views and decisions of counsel and their clients. Steve is compassionate but candid.
Expect to have frank discussion about the respective merits of the positions asserted and the potential risks and rewards of resolving the matter through
litigation instead of negotiation.
If all parties have already agreed to mediate, simply call or email us to discuss preferred dates and locations.
We are also happy to assist in obtaining the agreement of others to mediate.
Once the parties have agreed to mediation,
Mr. Rottman will typically conduct a short pre-mediation conference
call with counsel. The purpose of that call is to discuss how to
maximize the likelihood of reaching resolution at the mediation.
This is the time to discuss the following:
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What, if
anything, needs to occur for the parties to be fully prepared
to resolve the case at mediation. |
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Ideas to improve the
effectiveness of the process. |
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Potential impediments
to settlement. |
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Opportunities to resolve any additional
disputes between the parties. |
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The participation of all necessary
parties and decision-makers at the mediation. |
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The status of insurance coverage and
the participation of the carrier. |
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The time, location and other logistics
of the mediation. |
Mediation briefs are extremely helpful and
will be studied carefully by Mr. Rottman. Briefs should be confidential
and received at least five days prior to the mediation. Please include
a detailed description of the facts and the claims being litigated,
the procedural history of the case, an analysis of the respective
strengths and weakness of each party's position, a description of
any prior settlement negotiations, and the key exhibits.
All parties will begin the mediation in separate
rooms, with the mediator spending some time with each party in private
confidential caucus. If the parties agree and the mediator believes
it would be effective, one or more joint sessions may be held. Often
it is productive to have the parties speak to each other in joint
session, and counsel should discuss this possibility with their
clients and the mediator. Joint sessions are run by the mediator
with the express commitment of all parties to maintain civility
and respect. At the conclusion of the joint session, the parties
return to their respective caucus rooms, and the mediator typically
engages in "shuttle diplomacy" between the rooms.
All participants are required to sign a written
confidentiality agreement at the outset. Counsel and their clients
are asked to review the agreement before the mediation so that any
potential issues relating to that agreement can be resolved before
the mediation. |
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