Alex S. Polsky - Attorney at Law

Alexander S. Polsky, Esq. Home About Alex Polsky Testimonials Representative Cases Areas of Practice Articles & Newsletters Contact Available Worldwide Exclusively Through JAMS Main Office: Los Angeles, CA 90017 Phone: 714-501-1321 Five Stages of Mediation Did you know that mediation has 5 stages? A truly successful negotiator, who incorporates facilitative resolution into the practice, is well aware of each stage – and acts to maximize results through sensitivity to proper and full use of them. In a nutshell – here they are: Preliminary Stage: In this stage you are deciding whether to mediate. Factors include timing, the need for informal vs. formal information gathering, the emotional or business needs of the client relative to resolution, how to suggest mediation to the other parties, and the mediator best suited for the task. Preparation Stage: Often underestimated and misused. This is the stage where you prepare yourself, your client and the mediator for the mediation. The advocate should indemnify the interests of the client and the opposing party – and seek actions that might meet each side’s interests. Sensitivity to interests and interest-based concessions often produce rewards as the negotiation process unfolds. The client should be prepared for the process through discussions of interests, goals and objectives, anticipated styles of opposing counsel and the mediator, and discussions relating to attire and desired conduct/demeanor of the client. Counsel will want to determine whether to adopt a cooperative or competitive style, and the best use delivery choices and timing of briefs and exhibits. Some of these issues are or should be addressed during a prep mediation conference call or conference – depending on the size and circumstances of the claim. Information Stage: This is the initial sit down (open caucus) where the introductions are made and the dance is about to begin. The use of open-ended questions in this stage, either in open caucus or with the mediator, might lead to ratification of the interest-based decisions made at earlier stages of the process. The tone is set during these moments. Negotiation Stage: This is the dance. It might be distributive (offer followed by counter offer, etc) or facilitative (mediator talks privately after open caucus and facilitates movement of issues, terms and numbers until agreement is reached. The mediator does not deliver offers as much as concepts – well used in emotional cases. Closing Stage: The deal is done. Everyone is tired. Time to go home right? WRONG! Not until the essential terms of the deal are reduced to a writing and signed by all parties or, if all parties are not present, all participants. This reduces confusion at best and might lead to an enforceable agreement depending on the rules of the jurisdiction (California requiring signatures by the actual parties in order to be enforceable (CCP section 664 et seq). Click Here to Read Recently Published Daily Journal Article Click Here to View Past Newsletters About Alexander S. Polsky, Esq.

Alexander S. Polsky, Esq.

Five Stages of Mediation

Did you know that mediation has 5 stages? A truly successful negotiator, who incorporates facilitative resolution into the practice, is well aware of each stage – and acts to maximize results through sensitivity to proper and full use of them. In a nutshell – here they are:

Preliminary Stage: In this stage you are deciding whether to mediate. Factors include timing, the need for informal vs. formal information gathering, the emotional or business needs of the client relative to resolution, how to suggest mediation to the other parties, and the mediator best suited for the task.

Preparation Stage: Often underestimated and misused. This is the stage where you prepare yourself, your client and the mediator for the mediation. The advocate should indemnify the interests of the client and the opposing party – and seek actions that might meet each side’s interests. Sensitivity to interests and interest-based concessions often produce rewards as the negotiation process unfolds. The client should be prepared for the process through discussions of interests, goals and objectives, anticipated styles of opposing counsel and the mediator, and discussions relating to attire and desired conduct/demeanor of the client. Counsel will want to determine whether to adopt a cooperative or competitive style, and the best use delivery choices and timing of briefs and exhibits. Some of these issues are or should be addressed during a prep mediation conference call or conference – depending on the size and circumstances of the claim.

Information Stage: This is the initial sit down (open caucus) where the introductions are made and the dance is about to begin. The use of open-ended questions in this stage, either in open caucus or with the mediator, might lead to ratification of the interest-based decisions made at earlier stages of the process. The tone is set during these moments.

Negotiation Stage: This is the dance. It might be distributive (offer followed by counter offer, etc) or facilitative (mediator talks privately after open caucus and facilitates movement of issues, terms and numbers until agreement is reached. The mediator does not deliver offers as much as concepts – well used in emotional cases.

Closing Stage: The deal is done. Everyone is tired. Time to go home right? WRONG! Not until the essential terms of the deal are reduced to a writing and signed by all parties or, if all parties are not present, all participants. This reduces confusion at best and might lead to an enforceable agreement depending on the rules of the jurisdiction (California requiring signatures by the actual parties in order to be enforceable (CCP section 664 et seq).

Click Here to Read Recently Published Daily Journal Article
Click Here to View Past Newsletters

About Alexander S. Polsky, Esq.