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MEDIATION PROCEDURES


INITIATING MEDIATION

Ms. Krakow's available mediation dates can be obtained by telephone or email inquiry. Mediation dates are booked on a first-come, first-served basis. When seeking to reserve a mediation, please be prepared to provide the following administrative information:
(a) parties' names; (b) name, address and telephone for all counsel; (c) the parties' agreed upon arrangement regarding allocation of the mediation fee; and (d) the agreed upon location for the mediation.

PRESENCE OF DECISIONMAKERS
One of the most critical ingredients of a successful mediation is the presence of all decision-makers. Therefore, each side is expected to ensure that the principal parties and any person whose approval is needed for resolution is in attendance at the mediation. In those instances where there is relevant insurance coverage for a disputed claim, it is expected that defense counsel will arrange for the insurance representative to attend the mediation. In the event that is not feasible, the insurance representative should at a minimum be available by telephone to participate throughout the entire mediation.

MEDIATION BRIEFS
Ms. Krakow requires the submission of a mediation brief.  For related procedural details, as well as suggestions regarding content and style, please refer to the separate page titled “Mediation Briefs.”

AT THE MEDIATION
Ms. Krakow rarely holds a joint session. If you strongly believe that a joint session would be critical to the mediation’s success, please contact Ms. Krakow in advance to discuss the matter. Typically, the day of mediation is comprised of a series of alternating private caucuses with the mediator and each party. In addition, it is not unusual for Ms. Krakow to meet with an attorney outside the presence of her or his client.

CONFIDENTIALITY
All statements made at mediation are treated as confidential settlement discussions. At the outset of the mediation, participants will be asked to sign an agreement attesting to the confidentiality of all information disclosed at the mediation.