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Before Your Mediation


Once we've been engaged, we need your careful attention to the following. You'll be submitting a number of documents to Alyson and Karl before your mediation begins. Feel free to use email, postal mail, an overnight delivery service or FAX.

  • If you use email, send it to Alyson and be sure to copy Karl.
  • If you prefer to FAX, you will need to call Alyson first to set this up.



Within a Week of Confirming Your Engagement

1) Verify there are no conflicts of interest.

Your confirmation packet includes a one-page resume for Karl. We encourage you to download Karl's complete resume (http://www.karlbayer.com/KBres.pdf) and also to contact others who have worked with us before, read our blog, Google us, and do anything else you need to do to make sure you and your client will be comfortable working in a confidential relationship with us.

2) Email or call Alyson to let her know how many break-out rooms we need to reserve for you.

Depending on the alignment of parties and the legal issues involved, participants may need to be clustered - or separated - to ensure candid conversation. You are the best source of information for us on this.

3) Estimate the number of people who will be attending for your team and email or phone Alyson with that number.

Karl expects all parties will be present at the mediation or have a representative present who knows the entire case well and has full settlement authority.

4) Expect to receive your confirmation packet from Alyson. It will contain a letter that verifies your confirmed mediation date, time and place; your invoice; and Karl's one-page resume.


2 Weeks Prior to Your Mediation

1) Discuss the case with Karl by phone. To avoid telephone tag, please feel free to book a conference call through Alyson. You may call Karl at home in the evenings or on the weekend, if needed.

If there are issues not immediately apparent that could impede settlement, including insurance coverage issues or particularly sensitive interpersonal relationships, they need to be identified in this call.

2) Submit to Alyson a list that identifies all attendees for your team.

3) Email or call Alyson with any special audio-visual needs.

If we're going to work at our office, we will need at least two weeks notice to help you access anything beyond our standard equipment. If we're going to be working outside our offices, you will need to line up your audio-visual equipment, although Alyson may be able to help you. She will need at least two weeks notice.

4) Review our payment policies and forward them to your client.

We expect to receive payment before your mediation begins. If you must cancel after you have engaged us, we will need 24 hours notice. See details about cancellation here.



At Least 3 Days Prior to Your Mediation

1) Submit your written pre-mediation statement and any other materials you believe Karl needs to review in order to understand the disputed issues.

2) Contact Alyson to make sure Karl has been paid.

3) If your session is NOT scheduled to take place in our office, and your assistants want help with setup, they need to call Alyson at least three days prior to your mediation with their questions. (Alyson does not normally attend off-site mediations but she is available to help your assistants think through what needs to be set up.)

Karl will tell you he will read anything you send but he prefers you send helpful information about the case and a written summary of any thoughts you think will help him understand the case better. These are documents Karl finds most helpful:

  • A short objective, footnoted case-summary of the dispute (history, background, past offers, etc.)
  • Highlights of crucial depositions and documentary evidence with explanatory notes from the attorneys
  • Confidential comments that don't appear on the face of the record about personalities or impediments to settlement
  • MSJ briefs, briefs on important motions (e.g. Daubert), other briefs on important legal issues
  • Graphics, pictures, tables or slideshows that illustrate key aspects of the dispute


Next: What to do during your mediation