When to Mediate
Parties can mediate any dispute at any time or stage of that conflict. YOU DO NOT HAVE TO WAIT UNTIL THE MATTER IS IN LITIGATION TO MEDIATE!
You may contact us:
**Prior to obtaining counsel
**After obtaining counsel but before initiating court proceedings
**After obtaining counsel and after initiating legal proceedings
**Even after judgment or verdict with or without an appeal pending
While submissions regarding the nature of the conflict are not required, WMS finds that they can be helpful in expediting the resolution process.
**Prior to obtaining counsel. Each party may submit an informal letter or other writing outlining their view of the issues involved in the disagreement, possibly including a description of any historical relationship the parties may have.
**After obtaining counsel. WMS may invite the representatives of each party to submit whatever they think is relevant is educating the neutral about the conflict. A letter encompassing a "Statement of the Case and Issues Presented" is usually sufficient but we're happy to review relevant pleadings as well.
As the "What Happens in Vegas stays in Vegas" commercial touts, all mediation proceedings are confidential. All documents are returned or destroyed after the session. All discussions are private and privileged. Even the agreement reached is confidential although it may become public, such as when it becomes incorporated in an order in pending litigation where there is no confidentiality provision. Even the neutral cannot be compelled to testify in any subsequent litigation about the discussions and agreements reached during the session(s).
Confidentiality, as a signature feature of mediation, encourages communication unencumbered by any concern that concessions made for the purpose of resolution will "come back to bite" any of the participants.