Conducting the Mediation:
Elizabeth Miller-Bougdanos Esq.
EMB LAW
Mediator
[email protected]
I am happy to mediate matters at the office of one of the parties, or if represented by counsel, at the office of one of the parties’ counsel. In-person mediation is especially effective, but conducting mediation through Zoom is also an option.
I ask that the parties submit a mediation brief to me approximately one week prior to the scheduled mediation date. Depending on the complexity or posture of the matter, a brief of approximately 6 pages in length is often sufficient. It should set forth the parties and their representatives, a concise description of the facts, procedural posture, status of discovery, applicable rules of law, positions on disputed matters & alternatives the party is willing to consider. At the discretion of the party, the brief may or may not be exchanged with the other side. Exchange of briefs is helpful where the goal is to present a persuasive case to the other side. No exchange may be preferred where the parties wish to disclose information to the mediator only, such as the range of settlement that is desired. Some parties prepare a non-confidential brief with information to share with the other side and then a separate confidential brief with information designed for the mediator's eyes only.
To be successful, all parties and decision makers in the dispute should be present at the mediation. The parties and decision makers should be prepared to participate in the mediation until agreement is reached, or the mediation is terminated. If an insurance carrier is involved, a claims representative should be present with appropriate authority and with telephonic access to any other decision maker who can grant additional authority. To foster productivity at the mediation, I encourage the parties to commence a dialogue about the case and possible settlement options prior to appearing for the mediation. I also encourage the parties to be prepared to discuss all aspects of the case in a frank manner with me during our private discussions. My mediation style is both facilitative and evaluative.
For further information or to schedule a mediation, please contact me at 626-437-5656 or email me at [email protected].
Elizabeth Miller-Bougdanos Esq.
EMB LAW
Mediator
[email protected]
I am happy to mediate matters at the office of one of the parties, or if represented by counsel, at the office of one of the parties’ counsel. In-person mediation is especially effective, but conducting mediation through Zoom is also an option.
I ask that the parties submit a mediation brief to me approximately one week prior to the scheduled mediation date. Depending on the complexity or posture of the matter, a brief of approximately 6 pages in length is often sufficient. It should set forth the parties and their representatives, a concise description of the facts, procedural posture, status of discovery, applicable rules of law, positions on disputed matters & alternatives the party is willing to consider. At the discretion of the party, the brief may or may not be exchanged with the other side. Exchange of briefs is helpful where the goal is to present a persuasive case to the other side. No exchange may be preferred where the parties wish to disclose information to the mediator only, such as the range of settlement that is desired. Some parties prepare a non-confidential brief with information to share with the other side and then a separate confidential brief with information designed for the mediator's eyes only.
To be successful, all parties and decision makers in the dispute should be present at the mediation. The parties and decision makers should be prepared to participate in the mediation until agreement is reached, or the mediation is terminated. If an insurance carrier is involved, a claims representative should be present with appropriate authority and with telephonic access to any other decision maker who can grant additional authority. To foster productivity at the mediation, I encourage the parties to commence a dialogue about the case and possible settlement options prior to appearing for the mediation. I also encourage the parties to be prepared to discuss all aspects of the case in a frank manner with me during our private discussions. My mediation style is both facilitative and evaluative.
For further information or to schedule a mediation, please contact me at 626-437-5656 or email me at [email protected].