What to Expect

Virtual Mediation

This process can be initiated in one of two ways. One way is to call us immediately after you have received a summons from the court notifying you of a lawsuit. The other is to call us right after you have received our letter regarding your outstanding lawsuit. Be sure to initiate the mediation ASAP, as the court response cut-off date is 30 day from receiving the summons. Regardless of the way you initiated the contact you must collect the following information before you call us:

• The Case number
• Amount in question
• Contact information for the plaintiff's attorney

After your initial phone call and interview with us we will determine if a resolution can be reached and will keep you updated on the progress of the mediation. We will also ask you to fax over the Limited Power of Attorney and to make the payment for the mediation. Please, be sure to give us honest and truthful information, as well as, to try and cooperate with us as much as possible. From here on in be sure to complete a very important part of the process - Don't worry!

Common Mediation

After completing all of the pre-mediation preparations, such as, briefs, payments, conference calls, setting a mediation date, etc. generally, the process will begin with an introduction in a group session. The mediator will get all the parties together in a conference room and will set some ground rules as well as have everyone sign a confidentiality agreement. (Mediation is a confidential process; this agreement will ensure your security.)

Thereafter the mediator will ask each party to tell their side of the story. It is common for the plaintiff to explain their position first. During the joint session it is imperative to allow each party to speak without interruption.

At times, if the parties require, or if the mediator feels that keeping the parties separate at all times may be more productive for negotiation. The parties will be seated in separate rooms and the mediator will meet with each party at a time; again, probably giving the first meeting time to the plaintiff side.

After the introductions and opening statements, the negotiation process will begin. The process usually consists of both, joined and private sessions, also known as caucus. During caucus the parties may address those issues that otherwise would not in a joined session as the mediator is not allowed to share the private conversations without the party's consent. (The mediator will explain more about that during introduction.)

Upon reaching an agreement the parties will sign the Memorandum of Understanding, a document depicting the negotiated terms, and the mediation will be over. If an agreements is not reached, the mediator may suggest another session or to continue negations via a telephone.