After a conflict check has been completed and a date set for the mediation, the attorneys for the parties will receive a letter confirming the scheduling of the mediation.
Written submissions from the attorneys containing their views of the facts and applicable law should be received by Mr. Gianforti a week before the mediation in order to provide him with sufficient time to thoroughly digest their contents and prepare for the mediation. Any history of prior settlement negotiations should also be included.
At the mediation, there is an initial meeting with all participants in order to introduce everyone and review the ground rules for the session. "Participants" should be read to include those with decision making authority particularly insurance adjusters, corporate officers or anyone else with the authority to negotiate for and bind a party. Experience suggests that the chances of settlement are greatly increased when such participants are physically present rather than only available by phone.
Once the initial conference is concluded, the parties are separated so that Mr. Gianforti can discuss the case with each side on a confidential basis. It is only after all sides have had their say that substantive discussions concerning settlement commence.
Mr. Gianforti then engages all sides generally by way of "shuttle diplomacy" with the hope of finding common ground among them resulting in a mutually agreeable settlement. Once arrived at, a memorandum of settlement is prepared by him and executed by all those with authority to bind the parties. If settlement is not reached at the conclusion of the mediation, but there remains some hope that further discussions may result in settlement, Mr. Gianforti will either schedule an additional mediation session or make follow up telephone calls with the parties seeking ultimate resolution of the matter.