Mediation in the Ninth Circuit
D. The In-Person Mediation
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 reach a resolution? (For example, insurance carriers, lien-holders, spouses, experts, or other stakeholders or advisors.)
- 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 location would be most convenient?
- Do you or your client have any calendar limitations? (For example, scheduled vacations, or long trials.)
- Does any participant have health or mobility issues that might need to be accommodated?