Rebecca Tortorici, Attorney at Law and Mediator Learn More About Rebecca Tortorici Rebecca's Practical Approach to the Law Family Law and Civil Matters Mediation: Voluntary Problem Solving How to Contact Rebecca Tortorici Finding Rebecca Tortorici's Office
REBECCA TORTORICI, ATTORNEY AT LAW & MEDIATOR
DISPUTE RESOLUTION SERVICES
3110 East Market Street   York, Pennsylvania 17402
Phone (717) 751-0443   Fax (717) 751-2797

Sometimes involving an unbiased, outside third party
works best.
Learn More
 
Home
About Rebecca
Approach to Practice
Legal Services Mediation Services Directions to the Office
Recent Developments
Contact Rebecca

Choosing and Using Mediation

A. Selecting a Mediator
  • Experience, Flexibility to Meet Your (or Your Client’s) Needs
  • Sometimes an “unknown” outsider works best!
  • Mediator’s Duty of Disclosure
    • Biases, Prior Relationships, Training & Experience
    • Costs and Fees
B. Written Agreement for Mediation
    Choosing and Using Civil Mediation
  • Mutual Duties & Responsibilities Defined
  • Stating if Mediation is being conducted under Local Rule of Court
  • What information/discovery will be exchanged and when
  • Where the mediation will be held and what facilities are available there.
  • Dates, Duration of Session(s) (one session or series of sessions)
  • Who will attend the mediation for each participant and for what purpose.

The Mediation Process
A. Effective Advocacy During the Mediation Process
  • Evaluative Focus in Mediation – Develop legal/factual logic behind a position
  • Concise discussions – facts without characterization of other parties or their conduct
  • Identify and articulate your (or your client’s) needs/interests in order of importance
  • Weighing of risk and cost factors
  • Test reasonableness of settlement expectations and goals (know best and worst case scenario)
B. The Mediator’s Expectations of Unrepresented Participants or their Counsel
  • Make opening statement aimed at a resolution - firm, factual presentation of the case
    • Take notes during the opening statements of the other participants and caucuses
    • Speak candidly during the private caucuses with the mediator
  • Actively assess strength/weakness of case with the mediator during private caucuses
      • Mediation in Civil Matters
    • Assist the mediator with the exploration of options and negotiation
    • Listen carefully to what is said and re-evaluate the case if warranted
    • Decide what mediator shares from private caucuses with other participants
    • Respect the client’s final decision (for attorneys and third party advocates)
    • Participate in the preparation of the settlement documents
  • Represent your (or your client’s) best interests by respecting the mediator and the process and which greatly enhances the potential for a positive result.
C. The Mediator’s Expectations of The Participants
  • Remain open minded
  • Listen carefully to the other participants and the mediator
  • Speak freely and openly to the mediator during caucuses
  • Make a statement in a collective session if requested by the mediator after a caucus
  • Evaluate and re-evaluate the case
  • Participate directly in the negotiations and discussions
  • Understand that the mediator will play the role of devil’s advocate in caucus

Copyright © 2005 Rebecca N. Tortorici, Esquire     Terms and Conditions     Privacy Policy
Web Site Design by Revelation Design