This article was written with the assistance of AI and edited by Angela Sabarese.
In a recent CLM webinar, entitled, “Mastering Mediation: Strategies Before, During, and After the Session,” four legal and insurance professionals offered diverse insights into maximizing mediation success. The panel featured moderator Karen Bamberger, JAMS; Patricia Lambert, Pessin Katz Law, P.A.; Allison Alban, Gallagher Bassett; and Chanel Smith, Seneca Insurance Co.
Timing and Preparation
The discussion explored the complete lifecycle of mediation, from deciding when to mediate through post-mediation strategies. A central theme was the importance of timing and preparation. Lambert emphasized that “timing of mediation is an art. It can be too early, or it can be too late. It's kind of like Goldilocks. It just has to be right," noting that cases typically mediate around seven to eight months into litigation.
The panelists stressed that effective mediators must go beyond merely shuttling offers between parties. Bamberger articulated her philosophy: "I don't just need someone who's going to go back and forth with numbers because we're all capable of doing that on our own...That's what I think of my role as a mediator—to help people see things in a different way to get to a resolution."
Practical Strategies
Key practical considerations emerged regarding mediator selection, attendance decisions, and settlement terms. The panel recommended addressing non-monetary terms like confidentiality clauses early in negotiations rather than at day's end. They also emphasized the importance of pre-mediation calls with mediators and clear documentation of offers.
Perhaps most notably, Smith reframed the concept of unsuccessful mediations, stating: "when mediation doesn't settle...I don't think that it's a failed success because at the end of the day, you're getting information that you may not have had."
The panel's multi-perspective approach provided valuable insights for legal professionals navigating the mediation process, emphasizing collaboration, preparation, and strategic thinking at every stage.