The success of a mediation depends on several factors, including timing, preparation, and settlement confirmation, as recently discussed in the Fall 2014 newsletter of the JAMS Global Engineering and Construction Group, linked here.
In Sealing the Deal: Critical Issues in the Preparation of Mediated Settlement Agreements, (JAMS Global Construction Solutions), Fall 2014 at 1; 5, Patrick J. O’Connor, Jr. underscores the importance of confirming a settlement agreement at mediation with a signed writing with key terms.
In Mediation Decision-Makers Need “Decision Quality Information”, (JAMS Global Construction Solutions), Fall 2014 at 2, Hon. Carol Park-Conroy explores when a dispute is ready for mediation, particularly when the people with settlement authority have the factual and legal information they need to make informed settlement decisions at mediation.
Both articles remind us that timing, preparation, and confirmation are crucial to a successful mediation regardless of how sharp our negotiation skills might be.