Mediation

APPROACH

Chuck’s mediation approach is part facilitative and part evaluative. Typically, he is chosen because of his subject matter expertise in employment law matters, especially on wage-hour or discrimination issues. His approach is to prepare thoroughly and then listen carefully to the parties to help them to establish what is a possible mutually acceptable settlement – not how he thinks the matter should settle.

USUAL PROCESS

1. Initial Contact and Conflicts Check – Inquiries can be made directly to STOHLER ADR PLLC, to Chuck directly or through the website. Chuck’s availability is listed on the website as well as through the National Academy of Distinguished Neutral (NADN) website. NADN.org. Conflicts are checked before any assignment is accepted.

2. Premediation Conference – As necessary, Chuck schedules and holds a premediation conference to establish the details and process for the case.  Sometimes this call is done on Zoom. Most times the Mediation can be confirmed without a call. Typically, Chuck sends an engagement letter outlining the process and when premediation statements will be due. Chuck believes that the Mediation process begins when he is hired and welcomes the parties to contact him to discuss any relevant matters or issues that will help the parties reach a resolution. Ex-parte calls happen in most cases and are encouraged.

3. Engagement Letter – Once the parties have agreed on the date and arrangements, Chuck sends an engagement letter outlining the terms and details for a successful Mediation.  The letter will include the Mediation fees and expenses.  Typically, the parties are required to pay a Retainer due before the day of the Mediation.  Chuck sends Retainer invoices to facilitate payment; electronic payment is preferred. Chuck charges by the hour for travel time and will charge for expenses such as mileage and overnight accommodations, which are billed at cost. CLICK HERE TO VIEW THE SAMPLE MEDIATION ENGAGEMENT LETTER

4. Premediation Statements – The parties are requested to submit premediation statements one week in advance of the Mediation. It is important for Chuck to receive the statements by the weekend before because that is when he prepares for the following week’s Mediations.  Once Chuck reviews the premediation statements, he typically calls each party with questions and to discuss the dynamics of the case. Such calls usually make the Mediation process more efficient and productive.

The premediation statements should include:

a. Factual Background
b. Key Pleadings and Documents
c. Chronology
d. Summary of the Relevant Law
e. Potential Damages
f. Current Settlement Positions
g. Obstacles to Settlement
h. Participants at the Mediation

5. Mediation Process – Usually the day of the Mediation begins with the parties and their counsel meeting as a group to discuss the plan for the day, the ground rules, confidentiality and case specific information.  Typically, Chuck prefers not to have opening statements, but will do so based on the particular case and what was provided in the premediation statements. Chuck then shuttles back and forth between the parties and convenes a group session or meets privately with the lawyers as necessary. If an agreement is reached, the parties prepare a written term sheet of agreement before adjournment.

The parties can structure the mediation process as they see fit, but they hire Chuck to direct or guide them. Chuck uses a variety of techniques to avoid impasse and to bring the parties to an agreement. He will take strong positions as necessary. Each mediation is different, and a key part of the Mediator’s role is to determine the best approach for each case. Only at the parties’ request does Chuck set a “Mediator’s” number or bracket under very specific terms.

Counsel must have the appropriate personnel available with the authority to settle. When the parties are not serious, or the timing is wrong for a settlement, the Mediation will be terminated. Chuck is a strong believer in the “process,” and most cases settle, sometimes shortly after the mediation.

Chuck regularly follows up on cases after the day of the Mediation, including scheduling subsequent days as necessary.  Large multi-state matters often require more than one day of Mediation, depending on the state of the litigation and deadlines.

MEDIATION STYLES

Chuck’s style is part facilitative and part evaluative. The parties usually hire Chuck because of his substantive Labor and Employment expertise. Yet Chuck works to listen to the parties to understand the core of the dispute and to reach a result that works for all sides. When the parties can do so, it is usually a better outcome than some “ordered” resolution. Usually there are several “layers of the onion” to uncover or emotions to address. At some point in the Mediation the parties typically will seek Chuck’s view on likely outcomes. Chuck will offer Mediator numbers or brackets  or ‘Supposals” but only at the request of the parties and under carefully understood circumstances. There are numerous techniques that blend evaluative styles with facilitative and listening type approaches that Chuck has employed successfully. Each case is different, and it is the job of the Mediator to apply the right techniques to the facts, claims and personalities of the situation.Chuck prides himself on the ability to address thorny, emotional or personal issues that can create barriers to settlement.

On occasion, Chuck has been retained to work in transformative mediation situations. These techniques often are particularly useful in situations where the parties have an ongoing relationship, such as in traditional Labor Relations matters including collective bargaining mediations or grievance issues. This approach also works when there are departmental or corporate issues in a company or institution.  STOHLER ADR PLLC is available for such services.