Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the proposed agreement will state that the mediation is confidential. Some agreements are more detailed than others. Some go on to prohibit any attempts to call the mediator as a witness. Other agreements state that the mediator is not expressing any opinion about the merits of the case or providing any specific legal advice. In addition to the agreements that are signed before the start of a mediation, mediators also have form agreements that they ask the parties to sign after the parties agree to a settlement during the mediation.
Continue Reading It’s the Mediator’s Form Agreement—Not Yours