I recently mediated a serious accident case with a retired Court of Appeals judge, where after a 7.5-hour mediation we were able to reach an agreement to resolve the case. This was a lot of work. A meeting to prepare the client. Draft a long (in this case 11 single-spaced pages) confidential statement to the mediator with all the facts of the case, my theory of liability, damages, and an analysis of the important legal and evidentiary issues. Add exhibits showing the scene, the injuries, and key documents (deposition excerpts, witness statements, medical records). Get the exhibits turned into PowerPoint slides for the opening statement.
A mediation like this amounts to about a week’s worth of work if you include the day of the mediation itself and you properly prepare for it.
Let’s talk about some of the roadblocks to a successful mediation.