Mediation 401: Ensuring that a Mediated Settlement is Not Lost
Over three prior posts on the subject of mediation, I have discussed what mediation is and is not, explained the process of how mediation works, and most recently, examined under what circumstances it makes sense to mediate. Here, I will conclude this series of mediation posts by breaking down how, once you reach an agreement in principle, you limit the risk of losing it.
After a very long day of back and forth with your mediator, you authorize one last proposal for the mediator to take to the other side. The mediator comes back 20 minutes later and tells you that your offer has been accepted. The mediator then invites all of the parties and their counsel into the same conference room in which you began the mediation process nine hours earlier, to go over the terms. One by one, he goes through each of the six settlement terms, and each time both sides indicate that they agree.
While you do and should feel a sense of satisfaction (even if the settlement is not exactly what you had hoped it would be), do not think for one minute that the process is over. Indeed, one of … Keep reading