Mediation is a form of alternative dispute resolution that can avoid/prevent the uncertainty, expense and emotional drain of litigation.
How the mediation process is initiated:
A hearing date can be booked by calling our office or sending an email.
We require the following information:
Case name and venue
The party’s agreement regarding the division of the mediation fee
Proposed mediation hearing dates
Suggested location of the mediation
Where the mediation takes place
Ms. Bernick travels to the office of counsel for either party in accordance with the agreement between the parties.
Who should attended the mediation
Both parties must have someone present who can make legally binding decisions. Physical attendance by decision makers is crucial to a successful mediation. We require that at least two days prior to the mediation the parties disclose the names and the capacity of all individuals attending the mediation. If absolutely necessary an insurance adjuster can be available by telephone
At least 5 days prior to the mediation both sides will submit briefs. These should include the facts, legal claims and basis, the complaint or documents initiating the action, procedural background, damages, expert reports and settlement demands/offers.
Prior to the Mediation:
Ms. Bernick will contact the attorneys after their briefs have been submitted to discuss confirmation of the mediation, desirability of a joint session, attendees, and issues that may be resolved prior to the mediation.
Ms. Bernick charges a set fee which includes all preparation time, pre-hearing telephone conferences, unlimited time at the mediation hearing and follow-up communications if necessary. An additional fee for travel is charged for cases outside the Minneapolis, St. Paul area.
Full payment of the fee is required when reservations are made and is refundable up to 2 weeks prior to the mediation.
All statements made at the mediation are treated as confidential settlement discussions. At the outset of the mediation participants will be asked to sign an agreement attesting to the confidentiality of all information disclosed at the mediation.
At the Mediation:
Ms. Bernick may not hold a joint session. If you strongly believe a joint session would be critical, please contact Ms. Bernick in advance to discuss this. The mediation is comprised of a series of alternating private caucuses with the mediator and each party and possible joint sessions. In addition Ms. Bernick may meet with an attorney outside the presence of his or her client.