MEDIATION

MEDIATION:
There is no set formula for mediation and David Sipiora seeks to be flexible and responsive to the needs of the case.  Unlike most mediators who begin mediation when sitting down with one of the parties, Mr. Sipiora often will begin mediation by contacting counsel to ask questions and size up the terrain — even before the parties appear in person.  He strongly encourages, and sometimes requires, the parties to exchange the names of mediation attendees in advance.  He strongly encourages pre-mediation exchanges of offers.  Depending on the posture of the dispute, he may seek party input on the desired format for the mediation – e.g., whether presentations are worthwhile, the potential value of face-to-face time for the parties, and the utility of pursuing merits-of-the-case discussions.  Typically, when the parties know what to expect before they show up at the mediation – who will be at the table, the framework that will be employed, the settlement position of the other party – the mediation can be more productive sooner.

MEDIATION ATTENDEES:
As noted above, Mr. Sipiora prefers and usually requires advance disclosure of all mediation attendees.  Obviously, among those attendees should be one or more persons with authority to settle for each side.  If it is only possible to deliver a person with limited authority to settle, this MUST be disclosed in advance of the mediation.

MEDIATION STATEMENT:
Each party is required to submit a mediation statement of no more than 15 pages in length at least 10 days prior to the mediation.  Electronic copies only.  All submissions will be treated as confidential unless otherwise indicated.  The parties should decide what, if anything, they will exchange pre-mediation, but, at a minimum, an exchange of settlement offers is strongly encouraged.  Parties may wish to submit some evidence along with their statements – e.g., key documents or key legal authorities.  The parties should be extremely selective in doing so and limit such matter to no more than 20 pages (ideally, highlighted to point out their pertinence).  If a party wishes to submit evidentiary support, please do so in a separate electronic file from the statement. 

FOLLOW UP:
The goal is to settle, but many cases do not.  If the parties cannot resolve the dispute at the mediation session but get tolerably close and the potential for closure readily exists, Mr. Sipiora is open to targeted follow up through telephone and/or email communications with the parties at no additional charge.