Civil Engineering Reference
In-Depth Information
Everyone 'hits the ground running' so the time on the mediation day
is used more efficiently.
There is a belief that the settlement rates are much higher (probably
90%) as a result.
It ensures that all the essential information has been exchanged before
the day of mediation.
Where action has not started, it usually results in an agreed statement
of facts.
The mediator is able to influence (and usually reduce) the amount of
support paperwork that accompanies the statements and the size of
the teams attending.
It is often the first time that the lawyers have had face-to-face discus-
sions, and that not only reinforces a relationship (which is usually
a good thing) but can also lead to some degree of cooperation and
even agreement.
However, the pre-mediation meeting does add another cost, and as most
mediations settle on the day it is probably difficult to justify in a culture
where such meetings are rare.
Having said that, I have already quoted a case where pre-mediation
meetings were a real asset.
Case study
It was only a two-party dispute but the gap was around £80 million
and it was agreed that the mediation day should have only the
key decision makers and their legal advisors (a total of four on each
side). The pre-mediation history days were spent allowing the 'coal-
face' team members to state their case, each of the two pre-mediation
days being divided according to the issues being discussed and
each party having their allotted time to make their case. The two
principal decision makers sat with me (the mediator) and heard the
presentations from each side. By the time of the mediation day, the
decision makers on both sides were fully aware of the issues and of
the different versions of the truth, and the day itself became centred
on a purely commercial negotiation.
The main purpose of a pre-mediation meeting is to get the procedure
agreed and to sort out any queries so that the mediation day itself is
efficient and the necessary information is available to all.
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