Is a Pre-mediation Conference a Good Idea?

One factor in selecting a mediator is whether he or she routinely offers pre-mediation conferences, which are typically held separately with the parties.  These conferences can be extremely beneficial in getting the parties in a place where they can resolve their disputes.  Any psychological or other barriers to settlement that you have observed should be shared with the mediator in the pre-mediation conference.  The mediator will discuss the factual disputes identified in your written submissions.  The mediator may ask you to provide additional documentary information depending on what the other side has told the mediator and what you may have but did not provide.  Any confidential information can be discussed at this time.  The mediator will ask you to share thoughts about the format of the mediation, whether you think that a joint session is appropriate or would be helpful.  With the mediator’s help, you can get started on formulating a demand or an offer, depending on the history on negotiations so far.