Fanny Nater assists parties in resolving their cases by encouraging the parties to listen to each other’s legal position carefully and objectively. Mediation is a good place to ask the parties to objectively analyze the facts and evidence in the case as if they were on the jury. How would they decide with the information before them?
At mediation, the parties should not be emotional about the case but rather analytical and objective.
“Could a greater miracle take place than for us to look through each other’s eyes for an instant?
Henry David Thoreau
At the joint session, Fanny Nater encourages all participants to introduce themselves and present what they view to be the facts, legal position(s), and the desired outcome of the dispute. From time to time, Fanny Nater may ask questions to enable her to understand the dispute and its underlying dynamic, as well as answer questions that the other side may have.
During Global Mediations and Pre-Suit mediations, Fanny Nater may continue discussions between the parties in the joint session if progress is demonstrated and the parties are engaging in the exchange of information that assists in resolving the dispute.
Fanny Nater will typically begin separate sessions with each party. At this time, Fanny Nater reasserts her duty to maintain all information said to her by the parties “Confidential.” Thereafter, Fanny begins to gather information about each side’s interests, concerns, and initial offers.
Armed with such information, Fanny Nater begins moving back and forth between the parties for a series of conversations, suggestions, proposals, and counterproposals aimed at reaching a resolution. Fanny Nater will want to know what settlement terms are acceptable and relate those to the opposing party to ensure that there is a meeting of the minds.
At times, the Defending party may not have the authority to make an offer that would settle the case at the mediation. In such a case, Fanny Nater will determine if a continuance of the mediation is in the best interest of all the parties and conclude the mediation with a target date and time to inform the parties of a settlement and the terms of said settlement, or an impasse. If other non-settlement alternatives exist, Fanny Nater will advise the parties at this time.
Depending on the complexity and importance of the matters in dispute, it can take several hours and sometime days to reach an agreement. In approximately 80% of all mediated disputes, a resolution is reached by the parties. Sometimes the resolution is truly a “win-win.” At other times, neither party is thrilled with the deal. However, the goal is to not prolong the matter and to ensure the monetary value of a settlement to the present day.
Afterall, the value of a dollar today is not the same value of a dollar in 1 year or more.