Getting Your Case to Mediation
By Dennis J. Calcagno, Esq.

It is the single most asked question I receive as a mediator: "How do I get my case to mediation?" The answer is simple; let the mediator do the work.

Okay, so it's not quite as simple as that. There is some initial leg work required. First, you need to ask the other parties, "Can we mediate this case?" No one really wants to go to court, so reinforce that position and then add in the benefits of mediation (Top 10 Reasons to Mediate), and you should have a definitive, "Yes." The typical stumbling block: Deciding on a mediator.

Before you suggest someone or accept a mediator proposed by the other side, call the mediator. You are interviewing them to be sure they are, in fact, neutral. You also want to be confident that they understand the nature of the dispute. It is not a mistake to ask for references. And finally, the mediator should be able to refute any perceived conflict and dispel any mediation concerns on either side of the matter.

Keep in mind that good rapport and respectful communications from the start of the case will make it much easier to propose mediation. Recognize the other side's frustrations, acknowledge the strengths of their case, and be sure to point out the weaknesses - but do so matter-of-factly.

Be assured that requesting mediation is not a sign of weakness. Rather it is a sign of strength. Each side is convinced of the merits in their case, and those merits lose force with the passage of time. You are offering an alternative that will maintain the strength of their case. In addition, you will save money and time, you will formulate your own resolution and get everyone what they need.