At the Mediation
In most cases, the mediation will begin with a joint session attended by all participants. Unless otherwise agreed to in advance, please come prepared to summarize your position during this session. You may utilize whatever presentation you believe most effective, including charts, audiovisual, and oral presentations by counsel and principals. Bear in mind that the goal is not to prove a case or to educate Mr. Rotman, but to clarify your views for the decision-makers among the other parties.
The joint session is followed by private confidential caucuses between David Rotman and each party. In caucus, you can share information with him which may assist in working toward a resolution, but which you would prefer not to disclose in direct negotiations. Mr. Rotman will play devil’s advocate to help each party gain a realistic evaluation of the dispute. Most importantly, the caucuses provide an opportunity for Mr. Rotman to present a more balanced perspective of the issues for resolution without endangering any party’s negotiating posture.
Caucusing will generally continue until an option has been developed which all parties feel is acceptable. At that point, Mr. Rotman will summarize the terms of the agreement. You are encouraged to draft and execute a memorandum of understanding or full settlement agreement at the mediation.