Mediation Process
Getting Started
Please call or e-mail for scheduling information. Mediation dates are booked on a first-come, first-served basis. Alexis can be flexible on location, and format (online vs. in-person) to meet the your needs.
If you have questions about whether your matter is appropriate for mediation, please call or send us an e-mail.
Attendance Expectations
For mediation to succeed, party and decision-maker attendance is critical. All decision-makers and parties must be present or available to participate in the process.
Premediation Conference
During the week before mediation, Alexis will attempt to speak with each party’s counsel separately in order to pave the way for a productive and efficient mediation. These calls generally cover the following topics:
- Mediation logistics
- Party understanding of, and comfort with, the mediation process
- Confirmation that all necessary decision-makers will attend the mediation and discussion of other participants
- Background on the relationships between the parties, their expectations, and underlying interests
- Barriers to settlement, if any
- Information parties may need to be fully prepared to reach resolution at the mediation session
- Status of insurance coverage and carrier participation
Written Submissions
Alexis uses mediation briefs to help gain an understanding of the dispute before mediation day. Mediation briefs should be submitted electronically to ap@alexispheiffer.com at least seven (7) days before the mediation and should include:
- A summary of the material facts giving rise to the dispute
- A summary of legal arguments, including copies of any critical case law
- Key exhibits, such as witness statements, expert reports, and deposition excerpts
- Overview of the procedural status of the case
- Damages analysis
- Summary of prior settlement discussions
- Summary of information exchanged with the opposing party (see below)
- Any other information that may help resolve the matter
Alexis strongly encourages the parties to exchange their mediation briefs and other relevant information in advance. Pre-mediation information exchange generally helps all parties make realistic, informed decisions on the mediation day. The parties may also provide confidential information to Alexis in a letter format separate from the mediation brief. Confidential information should be submitted electronically to ap@alexispheiffer.com at least seven (7) days before the mediation.
Mediation Day
Alexis generally begins the day in a brief joint introductory session involving all parties and advocates. Parties then proceed to private caucus rooms. Alexis knows each case is unique and adjusts each mediation based on what is most effective for that case on that day. Generally, Alexis spends much of the mediation day working with the parties separately to understand their positions, interests, and goals and facilitate negotiations. Additional joint sessions, attorney-only sessions, and other dialogues between participants may also be encouraged. Throughout the mediation day, Alexis will draw on her broad experience to help the parties gain insights and information, more accurately evaluate the strengths and weaknesses of their claims, and craft creative and practical resolutions. When appropriate, Alexis will evaluate the parties’ factual and legal positions, emphasizing how a judge, jury, or other factfinder is likely to rule in the matter.
Alexis encourages counsel to bring, or provide electronically in advance, a long-form settlement agreement. This practice facilitates finalizing a complete settlement agreement promptly upon resolution.
If the dispute does not resolve on the mediation day, Alexis will follow up with the parties as necessary.
Confidentiality
With limited exceptions, all statements made in the course of the mediation process are treated as confidential settlement discussions. Each participant will be asked to review and sign Alexis’ standard Agreement to Mediate at the beginning of the mediation session.
Contact & Scheduling
For mediation scheduling, please contact Sonia Patel Dalton at 949-822-7270 or sp@alexispheiffer.com.
For investigations and all other questions, please contact Alexis directly at 480-463-4681 or ap@alexispheiffer.com.