Society Session: Mediator Follow-up — the Better Practices with Stephen Schrey
Nixon Peabody 1 Embarcadero Center San Francisco, CA 94111 Noon - 1:30pm (please provide your own lunch, no charge to attend)
Wednesday, May 7, 2014
Mediator follow-up after a mediation session has become a standard aspect of mediation practice in recent years. Many mediators advise the parties during the mediation session -even if and perhaps especially when the obstacles to a resolution seem insurmountable- that they will be contacting them at some point after the session to further discuss potential paths to a settlement.
What are the best practices for mediators doing any follow-up after a session? Can it be an inadvertent escape hatch for parties reluctant to get over their obstacles to settlement during the session itself? What are the pitfalls commonly encountered, and how can we avoid them?
When and how best should the mediator initiate follow-up, especially if the parties and/or their counsel are unenthusiastic, entrenched in their positions, or even seemingly hostile to such an effort? Is mediator follow-up now such a common practice that is should be factored into the mediation fee?
These issues and other aspects of mediator follow-up will be covered in our session along with tips to make this work better in your practice.n
Steve Schrey is a full-time neutral in mediation and arbitration practice in his ADR firm in San Francisco.
He was a trial lawyer over 38 years handling complex insurance, business dispute, real estate, medical malpractice and other civil litigation. His website is