When all counsel and the mediator are in agreement, the mediator will schedule an in-person mediation. It may be held at the court or, in appropriate cases, in other locations. In planning the mediation, counsel should expect to address many of the following questions:
Who is the appropriate decision maker on your side?
Who might be the appropriate decision maker on the other side(s)?
If your side is a governmental entity, who is the person most likely to be able to "sell" a negotiated solution to the appropriate decision-making body?
Are there any non-parties whose presence at the mediation is necessary to effectuate a resolution? For example: insurance carriers, lien-holders, spouses, etc.
What information do you need to make the mediation productive?
What information might the other side need to make the mediation productive?
What does the mediator need to know to prepare? What's the best way to get the mediator prepared?
Does your client have any particular sensitivities of which the mediator should be aware?
Is there any related litigation that should be included?
What venue is most convenient to the greatest number of
Do you or your client have any calendar limitations? For example, scheduled vacations, long trials, etc.
Does any participant have health or mobility issues that might need to be accommodated?