Jeff Carey is an accredited mediator with advanced training in facilitative, evaluative and transformative mediation practices. He believes that the mediator’s focus should be on creating the atmosphere and process for the parties to explore their interests and make the best decision for their future. If your case can be settled fairly, it should be settled.
Jeff has extensive litigation experience including business dissolutions, trade secrets, non-competes, professional E&O (architects, engineers, and realtors), employment discrimination, management-labor disputes, contract disputes, securities litigation, auto accidents, premises liability, medical malpractice, dental malpractice, legal malpractice, products liability, and mass torts. He has lectured nationally with NBI on claims negotiation, bad faith insurance litigation, wrongful death litigation, and automobile accident litigation.
These are some mediation lessons Jeff learned over the decades and hundreds of mediations he has been involved with as an attorney or mediator:
- No one wants to listen to long personal stories from a person they are paying by the hour.
- A mediation is not a settlement conference. If the parties believe that you are only exchanging numbers for them, they don’t need you. Though mediation is voluntary and coercion is inappropriate, the mediator should use their skills and experience to actively create an environment where perspectives can shift and settlement can occur.
- The mediator should use evaluative mediation techniques sparingly, the parties hired counsel to advise them about the strengths and weaknesses of their case. They hired the mediator to help them resolve their case.
- Some people need a chance to tell their story and feel that they have been heard. The mediator should always ensure that they know you are listening.
- Always read the parties’ submissions far enough in advance to ask questions before mediation if necessary. When it becomes clear that the mediator did not read your submissions, faith in the process is eroded.
- If the mediator has or exhibits bias for one party over the other, they are not serving either party.
- When a mediator has not worked with an attorney before, a phone conference in advance of the mediation is a welcome gesture. Different attorneys want different help from their mediators.
- When the parties are making progress, have patience.
- Brackets are useful tools but are often employed far too early in the mediation process to be effective.
- If a case does not settle but is not hopeless, provide follow up at regular intervals for free.
- When a case is settled, get the essential terms in writing and make sure the litigants sign the memorandum of settlement.
- Where there is not a good reason to conduct a mediation in-person, Zoom is effective. Studies have shown that Zoom mediations settle at a rate equal to traditional mediation in conference rooms. [1] [2] [3]
To book a mediation, please contact us at (816) 246-9445.
[2] https://www.eeoc.gov/newsroom/eeocs-pivot-virtual-mediation-highly-successful-new-studies-find
[3] https://www.abi.org/feed-item/zoom-mediations-and-%E2%80%9Ctrust%E2%80%9D-a-study