The Mediation Process

How can Convergence Mediation be of service?

The types of cases Jennifer LaDuke can mediate are not limited to these three categories; these types are currently the focus of the practice.

Consumer/Small Business Issues

Examples of consumer cases include situations regarding a dispute about the condition of an item purchased, completion of a work order, warranty issues, customer service issues, contract disputes, etc.

Landlord/Tenant Disputes

Landlord-tenant disputes include complaints by either party and examples include broken items, noise concerns, privacy concerns, rent issues, etc.

Litigation Discovery disputes

Discovery disputes encompass many aspects including disagreements over search terms, time limits, software choice, whose hard-drives to search, format and contents of a privilege log, etc.

Here is what you can expect.

Prior to Mediation

After being contacted by you, I will call you for a free half hour consultation. During that time we will discuss the conflict, any action already taken, deadlines, potential conflicts of interest and scheduling and location preferences. I will similarly reach out to the other party involved. If the conflict is one where I believe I can help and both parties are willing to mediate, I will forward an Agreement to Mediate for signature. If the conflict concerns an area I don't mediate in, I would be happy to give the parties a referral.

Once we have a signed Agreement to Mediate in place, I ask that the parties hold off on further legal action until the mediation has taken place. If any action must be taken (i.e. an Emergency Temporary Restraining Order), please let me know. If there are any documents you would like to discuss, please forward them to me at least 48 hours in advance. It helps make the mediation more efficient if I can share the information with the other party in advance.

Make sure someone with settlement authority is coming to the mediation or easily reachable during that time period. Be prepared to discuss specifics of what you are looking for and why. During the mediation it will save everyone time (and money) if both parties are well-prepared to discuss the issues and explain what they are looking for and the reasoning and numbers behind it.

During Mediation

I will begin the mediation with a brief opening statement. I will then ask each party for a concise description of what brought him or her to mediation and what he or she would like to get out of it. I will then set a brief agenda, after which we will have our first joint session where both parties are present. At some point I will likely speak with both parties separately. If the parties reach an agreement, I will put that agreement in writing. All parties will sign off on the agreement.

After Mediation

I will not testify to or share anything that was said during the mediation, unless I have reason to believe someone is in danger of serious imminent harm. If the conflict was not settled on the first attempt and the parties would like to try again, I would be happy to set up another session. For instance, the parties may be close to reaching an agreement but need time to verify a specific cost (i.e. get an independent appraisal or estimate).