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.

Views: 33

Replies to This Discussion

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."

RSS

Welcome

Welcome to our community of ADR professionals: mediators, arbitrators, and lawyers representing and advising clients.  We are active in the growth and development of ADR in Washington as well as the education of members of the bar and the public.

Latest Activity

Courtney Kaylor posted an event

MentorLink Mixer: Transitioning into a New Practice Area at WSBA Offices

June 12, 2017 from 8am to 9:30am
Tuesday
William J. O'Brien is attending WSBA ADR's event

ADR Colloquium Session at Impact Hub

June 21, 2017 from 3pm to 5pm
May 10
Christal Olivia Irwin posted a discussion
Apr 27
Christal Olivia Irwin updated their profile
Apr 27

© 2017   Created by WSBA ADR.   Powered by

Badges  |  Report an Issue  |  Terms of Service