Tim Warner, Chairman of the Litigation Group at Cavitch, a practicing mediator and arbitrator and a litigator for almost twenty five years, was recently published in the Cleveland Metropolitan Bar Journal in the July/August 2017 edition. Tim’s article, “Mediation Advocacy for Litigators,” delivers a step by step approach for litigators to follow in order to achieve the goal of mediation; a successful settlement.
Steps to Successful Mediation
Outlined below are the nine steps Tim details in his article. For more information please read the article on pages 44 and 45 of the July/August 2017 Cleveland Metropolitan Bar Journal or contact Tim Warner.
Step 1. Determine if You’re Ready for a Successful Mediation
Step 2. Choose the Right Mediator
Step 3. Initial Meeting with the Mediator: Eliminate Barriers
Step 4. Effective Written Submission to the Mediator
Step 5. “Heads-Up” Call with Mediator
Step 6. Create a Thorough and Flexible Negotiation Plan
Step 7. Understand the Mediator’s Role in Facilitation and the Parties’ Role in Agreeing to a Settlement
Step 8. Mediation Session(s)
Step 9. Confirming Resolution with Full Settlement Agreement and Dismissal of Litigation
As Tim reminds litigators in the article, settlement is the goal of mediation and that goal is more attainable if both the lawyers and the parties are committed to a successful settlement and follow the nine steps detailed in his article.