From Mediation Magazine
In anticipation of the surge in consumer mediations involving self-represented parties (“SRPs”) there are procedures that can be put in place to make the handling of consumer mediations easier, including providing SRPs with a form to follow for pre-mediation statements.
Upon receipt of a new mediation assignment, the mediator should consider setting up a pre-mediation meeting. Although a pre-mediation conference is not a requirement of the AAA’s consumer mediation procedures, and in some cases a pre-mediation conference in consumer cases may not be advisable in order to save costs, it may offer considerable advantages for the parties and mediator depending on the type of consumer mediation case.
The agenda items to cover during a pre-mediation meeting with SRPs include: what is mediation; how mediation differs from arbitration; the mediator’s role as a neutral; whether the mediation will be on Zoom, in person or a hybrid of the two; confidentiality; selecting the mediation date; the due date for pre-mediation statements; page limits; suggesting that the parties share excerpts of voluminous documents rather than attaching voluminous exhibits; and a discussion of whether pre-mediation statements will be shared or confidential. SRPs need to be instructed that if they choose not to share pre-mediation statements then the statements should be sent directly to the mediator and not filed on AAA’s Webfile space, which is a shared space. The mediator can also explain to the SRP the possibility of a second mediation if the first mediation does not resolve the case and the parties want to continue to mediate. Finally, there should be a discussion of the mechanics of reducing settlement terms into a signed settlement agreement. The pre-mediation meeting should conclude with time for SRPs to ask questions.
Another recommendation for handling consumer mediations with SRPs is to conduct the pre-mediation meeting on Zoom. The mediator should provide the Zoom link and admit one side at a time into the Zoom meeting, inquiring whether each SRP wants to be in a joint session or in a separate breakout room. Often SRPs are very appreciative of not being in a joint session with the other side. Separate breakout rooms necessitate that the mediator set up the breakout rooms before admitting the parties. It also means that the mediator may need to provide the same information in two breakout rooms, although it is relatively easy to get a mediation date from both sides by going between the two breakout rooms.
An effective tool to be discussed at the pre-mediation meeting is whether the SRPs would like an outline detailing what their pre-mediation statement should cover. The form can easily be sent as a Word document via email to the parties. A sample form is included below.
Read the complete article here
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