Best Practices for “Closing” A Mediation
TMS Society Session
Thursday, November 17, 2022
Join fellow mediators for a discussion moderated by Frederick Hertz on the best practices for a mediator to follow once the parties have reached a tentative agreement. Sometimes it is late in the afternoon after a long day of hard negotiations, or after receiving an email or phone call that confirms the last agreed-upon term, after many weeks of separate discussions with the parties or their lawyers. What should the mediator do, if anything, to help the parties confirm their agreement, and move forward to sign a binding document. What are the limits of what a mediator can do? How active should the mediator be, and what are the proper protocols for charging for one’s time in these efforts?
Be prepared to share what you do and hear from others.