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Why FedArb for Mediation?
FedArb works with parties to identify the best mediator for each case. We select the mediator through a myriad of factors including their reputation, industry expertise, presence of multiple insurance carriers, reputation/negotiating style of counsel and history of settling complicated, multi-party disputes.
Unless circumstances dictate, FedArb strongly encourages parties to select an evaluative mediator who can apply their industry knowledge and legal expertise to help the parties better calibrate the strength of their bargaining position based the facts, the law, as well as the judge and the forum of the decision-maker.
Our panel uses their experience to guide the parties to understand how a court or a jury would view their case given relevant caselaw and prior outcomes (through adjudication or settlement) involving similar claims. Industry expertise can also be crucial to aid the litigants in crafting a business solution.
We are also skilled at using various tools to narrow differences and to move the parties to common ground. This includes understanding the rhythm of a mediation, knowing when to allow the parties to make opening statements, when to use joint sessions, as well as the use of tools to bridge a gap, such as the use of brackets and or a mediator’s proposal.
Our mediators are skilled in working with insurance carriers to grapple with Side A and Side B issues, as well as understanding the dynamics of multiple carriers with different levels of exposure (the so-called “tower”).
Momentum can be hard when sessions are virtual. FedArb’s mediators are trained to be impactful in a virtual world. Having completed dozens of virtual mediations, FedArb’s team assists mediators in virtual proceedings with multiple screens, high speed connections, and technology practice sessions with the parties.
Our success speaks for itself. Our mediators are relentless and committed, no matter how many sessions or conferences it takes to reach a resolution. FedArb takes pride that almost all the cases we mediated, even the most complex ones, are successfully resolved.
Additional Settlement Services:
- Custom management to track complex and multi-party mediations (including Special Master mediations)
- Stand-by Mediators in arbitrations where early settlement may be an option
- Virtual mediations
FedArb’s Mediation Services Include:
- Assistance in selecting an appropriate and effective neutral mediator
- Conflict checks and disclosures
- Pre-mediation conference call with mediator and counsel to identify key issues, document exchanges, and other procedures
- Ensuring that relevant pre-mediation statements are submitted and shared on a timely basis
- Administrative support, including hosting video mediations, to ensure smooth and timely scheduling and communication
- Mediator follow-up, if needed or useful, to achieve settlement. They are relentless—even if the initial mediation does not result in a settlement, they will schedule subsequent meetings and stay in contact with the parties as the situation merits.
- Case managers available to assist all parties seven days a week
Succeeding At Mediation-CLE Classes
FedArb works with law firms and corporations to provide a 1.5-hour CLE class on Succeeding on Mediation. This is typically a lunch with a panel discussion lead by two federal judges and FedArb’s CEO who share their collective thoughts on best practices.
Contact FedArb to enquire about CLE Program inquiry@fedarb.com
Chief Judge Ruben Castillo and Chief Judge Vaughn Walker discuss Succeeding at Mediation. Chicago office of Jenner & Block.
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