Welcome to the answer to your “big case” mediation woes – Destination Mediation.
Do you have an extraordinary case that requires an extraordinary Mediation?
A case where the stakes are high and the issues complex?
A case that needs to settle, but is unlikely to do so without the undivided attention and unwavering focus of all the real decision-makers?
A case that may require the attention, skill and experience of a team of Mediators?
Instead of conducting multiple mediation sessions and incessant litigation over months or years, the parties come together for a mediation summit conference. The parties’ agreement to mediate in this focused manner demonstrates a mutual commitment to resolution that dramatically increases the chances of getting to the printer and resolving the litigation.
Throughout history, mediation summits have succeeded resolving some of the world’s most challenging disputes. The 1978 Camp David Summit, which led to the peace treaty between Israel and Egypt ending a 30-plus year war, exemplifies the concept.
During the month of July 2017, we will hold mediation summits in Breckenridge, Colorado. We have partnered with Breck Resorts to offer a first-class mediation destination. The lodging, meeting rooms and setting provide an ideal environment for the parties to focus on resolution.
The specific agenda will be determined before the Mediation Summit begins, but the typical program would include the following:
|Pre-Conference Meet and Greet||An informal “meet and greet” social event the evening before the first day’s session for the parties and counsel to acquaint or re-acquaint themselves before any discussion of the case begins.|
| First Day Morning Session:
|Joint and caucus sessions focused on identifying the issues and problems to be resolved at Mediation, resulting in a neutrally-framed summary of the issues and positions of the parties|
| First Day Afternoon Session Part A:
|Discussion among parties, counsel and the Mediator on the process for negotiations, not limited to traditional offers and counter-offers.|
| First Day Afternoon Session Part B:
|Parties meet by themselves to prepare for negotiations in light of the discussions on the substantive issues and procedural means for resolving them.|
| Second Day Morning Session:
|Negotiations proceed in the manner agreed upon on Day One.|
| Second Day Afternoon Session:
Drafting and Signing Settlement Documents
|Counsel and the Mediator draft, and the parties sign, all necessary settlement documents.|
Destination Mediation cases frequently call for more than one Mediator in order to maximize the productivity of the Mediation Summit Conference. For such cases, Daisley Mediation partners with several of the world’s best Mediators in order to provide the parties with a three-person “Dream Team” of Mediators with the energy, skill and experience needed to get to the printer at the conclusion of the conference. Why a team of three rather than one Mediator? 1) in extraordinary cases, the mediator role as “guardian of the process” typically requires more than one person given the personalities and history involved; 2) Destination Mediation cases typically need the mediator skill sets of all members of the Mediator Team; and 3) having three mediators rather than one geometrically expands the number of possible impasse-breakers (eg., Mediator’s proposals, “no pose” double-blind negotiations, etc.) without becoming unwieldy.
Fees will vary depending on the number of Mediators, sides, participants and mediation conference days, but generally for a two-day conference, the cost will be $12,500 per side per Mediator and includes the Mediator’s fee, the rental of the conference room space and meals and refreshments during the sessions. Travel to and from Breckenridge and lodging for the participants is not included in the fee.
Please email Chantal for more information and to reserve your dates. We are taking reservations for Destination Mediation dates in July 2017 in Breckenridge now. Other dates and destinations are available with sufficient notice.