At the end of August, we moved our son to Boston, where he is a first-year student at the Berklee College of Music. Since the move, most of my contact with him has been by way of text messaging, hence the attempted use of text message abbreviations in this month’s title. While learning to text has been interesting, the most important lesson I’ve learned is that I need to pick up the phone and actually talk with him if I want to get the real 411.
For similar reasons, a pre-mediation telephone conversation with your mediator can be invaluable to the mediation process. Often overlooked – and erroneously believed by some to be an improper ex-parte communication – a private telephone conversation with your mediator in advance of the mediation provides an opportunity not only to establish rapport, but to share a wealth of information about the dispute. Here are just a few examples:
• A pre-mediation telephone conversation offers a chance to inform your mediator of details you may have omitted from your brief for tactical reasons;
• A pre-mediation conversation allows you to discuss any inter-personal dynamics that could impact the negotiations, and alert your mediator to any client-control concerns;
• A pre-mediation conversation lets your mediator confirm that all of the necessary decision-makers will be attending, and determine whether there are any insurance coverage or related issues that may present an obstacle to settlement;
• A pre-mediation conversation provides an opportunity to explore whether a joint session is likely to be productive, or whether it’s better to start with private caucuses, in which case your mediator might want to stagger the arrival times of the parties;
• A pre-mediation conversation enables your mediator to determine whether there are any time constraints or other scheduling issues to be taken into consideration.
Simply put, a pre-mediation conversation lets the mediator hit the ground running, saving time and inspiring greater confidence in the mediator and the process. That, in turn, increases the chances for a successful resolution – and, @TEOTD, isn’t that what everyone really seeks?
IMHO, a pre-mediation telephone conversation is an integral part of the mediation process and should take place before every mediation. Of course, that’s just my .02, FWIW.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal
fjs@fjsmediation.com