What We Do > Procedures
Mediation procedures
Convening a mediation
Turner ADR facilitates the mediation process from the outset, helping parties agree to mediate, coordinating session logistics, and setting clear guidelines for productive discussions. Once selected, we typically arrange a conference call—or individual calls—with counsel to gain a deeper understanding of the dispute, its background, and the most effective approach for resolution. During these discussions, we encourage counsel to outline any specific needs or concerns their clients may have, ensuring a structured and efficient mediation tailored to the unique dynamics of the case.
Mediation briefs
A well-prepared mediation brief helps set the stage for a successful negotiation. A thorough brief provides Turner ADR with a clear understanding of the key facts, legal issues, and positions of each party, ensuring we enter the session fully informed. Additionally, the process of drafting a brief encourages parties to critically assess both the strengths and weaknesses of their own case—as well as those of the opposing side—fostering a more strategic and constructive dialogue.
What to include in your brief
To maximize the effectiveness of the mediation, briefs should include:
- Factual and Legal Issues – A detailed overview of the dispute, including key facts, relevant legal arguments, and a clear breakdown of damage claims.
- Procedural Posture – The current status of the case, including any pending motions, trial dates, or procedural hurdles.
- Settlement History – A summary of the latest offers and demands exchanged between the parties.
- Special Requests – Any specific accommodations or considerations for the mediation process.
Confidential Statements
Parties are encouraged to submit confidential statements identifying any perceived barriers to settlement and any additional facts or issues they believe Turner ADR should be aware of before attempting resolution. If documentary evidence is critical to your position, it should be included with the brief or confidential statement. The first page of each submission should clearly indicate whether it is confidential. While parties are encouraged to exchange briefs with one another, they may also submit a separate, confidential statement to Turner ADR outlining any sensitive positions or strategic concerns.
Both briefs and confidential statements should be submitted no later than five (5) business days before the mediation to ensure adequate preparation.
Attendance at mediation
To ensure a productive mediation, attorneys should coordinate attendance in advance, making sure that at least one representative from each party with full settlement authority is present. Having the right decision-makers in the room helps facilitate real-time negotiations and increases the likelihood of reaching an agreement.
The structure of the mediation—whether it involves joint sessions, private caucuses, or attorney-only meetings—can be tailored to best serve the needs of all participants. Turner ADR remains flexible in designing the session format to maximize engagement and efficiency.
For additional guidance, we are available for pre-mediation consultations via phone or conference call to address any questions and assist with preparation, ensuring that all parties are aligned before the session begins.
Mediation Conference
At Turner ADR, we serve as a neutral facilitator, guiding parties through a structured and effective resolution process. Our role is to improve communication, clarify key issues, and assist parties in voluntarily reaching a settlement. By participating in mediation, all parties consent to our broad discretion in managing the process to ensure fairness, impartiality, and efficiency. Depending on the circumstances, we may utilize joint sessions, private caucuses, or a combination of both to best suit the needs of the case.
Mediation conferences typically begin with separate caucuses, allowing each party to present their perspectives privately and strategize for potential joint discussions. If a joint session is held, its purpose is not to litigate or prove a case but rather to foster collaborative reasoning, explore mutual interests, and examine the facts from multiple viewpoints. Private caucuses provide an opportunity for candid discussions, allowing parties to disclose sensitive information and explore realistic settlement options without direct confrontation.
Turner ADR primarily employs a facilitative approach, helping parties gain a deeper understanding of both their own positions and those of the other side. When appropriate, we may also offer an evaluation of factual and legal positions to assist in finding a resolution.
Confidentiality is paramount. All mediation proceedings—before, during, and after—are strictly confidential and cannot be discovered or used as evidence in any ongoing or future civil actions involving the parties. However, evidence that is otherwise admissible will not be rendered inadmissible simply because it was used during the mediation.
