Here's a great review of dealing with the lack of settlement authority in the room: Responding When the Other Side Doesn't Have Settlement Authority.

The example is in the context of a catastrophic personal injury, and the narrative often speaks to plaintiffs' counsel, yet even in that it provides good information about how a mediator can approach this situation. It's a useful overview for those who may not have dealt with this issue a lot.

For those mediating under the Foreclosure Fairness Act in Washington, consider that the FFA provides that the mediator may find a party to have failed to participate in good faith by not designating a person with settlement authority to participate in the mediation. The article highlights the constructive approaches that the mediator can take, short of using this statutory "stick," to maintain a productive negotiating environment.

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Jeff,

 

Thanks for your continuing thoughtful posts...

Dana, my reading of the statute is that it provides for payment for services beyond the one 1-3 hour session. If I recall it has the lawyer/legislator's favorite catch-all condition, which is that it be "reasonable."

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