Getting a Date. One or both of the attorneys for the parties contact the Gaddis Mediation office by phone or email to check available dates for the mediation session. Once one or more dates are identified as being available, the office notifies both counsel of the date being held and the office forwards a copy of the Engagement Letter/Alternative Dispute Resolution (ADR) Agreement to each of the parties' counsel.
Retaining Our Services. Counsel mail the documents to their clients, who sign the ADR Agreement. The parties usually return the agreement to their counsel's office, along with the deposit check required to hold the date. Each attorney then signs the Agreement and forwards the copy signed by their side, along with the deposit check, to the Gaddis Office. Because it is actually the attorneys who are hiring the mediation service, as often as not they may forward their check for the deposit to secure the date selected.
Confirming the Date. Upon receipt of the signed ADR Agreements and deposits, the office responds by acknowledging receipt of them, and confirms the date, time and location of the mediation. The office only schedules one matter per day, to ensure that each matter can proceed to completion on the date scheduled. An added benefit of having more time available is that in addition to coming away from the mediation with a signed, legally enforceable CR 2A Stipulation, often counsel are able to draft and have their clients sign the final papers necessary to complete the matter with the court. The additional time required for this .
Special Arrangements. Sometimes location, confidential materials, starting time, and session time limitations need to be addressed in advance. This is easily done, as one of the prime benefits of the mediation process is its flexibility.
Settlement Packets. Two weeks (or less time, as agreed upon by counsel) before the scheduled mediation date, the attorneys exchange Settlement Packets that include a settlement letter and copies of all other documents appropriate or necessary to achieve a full and final outcome of the case. These might include Pleadings, Declarations, Reports, Appraisals, Financial Statements, Receipts, Charts and proposed Final Papers.
Response and Reply Materials. Responsive materials, commonly offered in litigated cases, are neither required nor expected in a mediation. This saves the attorneys' time and the parties' money. It is sufficient that responses to the Mediation Packet are made orally at the mediation, in the course of presenting one's case.
Cancellation of Date. If the mediation date needs to be cancelled or postponed, there is a modest cancellation fee imposed, as it is difficult to fill the date with another compensable matter.
At the Mediation Session
Time Available/Attendance. Only one matter is scheduled per day. Mediation sessions begin at 9:30 am, unless other arrangements are made. All parties and their counsel attend. No additional persons other than the mediator will attend, unless there have been prior arrangements made. Parties should keep the day clear, and have a backup plan arranged for day care or other matters that may come up during the day.
Dress Code. There is no dress code, and the parties are welcome to dress comfortably.
Separate Caucus Rooms. Each party and their counsel may choose to occupy a separate conference room or office, in order that the party may speak freely with their attorney, and the mediator when he is available. The mediator will take turns going to each of the caucus rooms to talk with the parties, solicit offers and offer his own suggestions on the framework of a settlement that will be fair and lasting. While he is working with the other side, he will often leave a "homework assignment," so that all parties and counsel are working simultaneously during the time, and no time is lost.
No Record of Proceeding. There is no oral or written record made of the session, as to do so would limit the negotiations and jeopardize the privacy of the parties.
Memorializing the Agreement. As a minimum, the agreements reached by the parties will be set forth in a "CR 2A Stipulation" - referring to the name of the document sanctioned by the Washington State Supreme Court as a full, final, and binding settlement of parties. More often than not, however, Commissioner Gaddis has been able to retain the momentum achieved right through the drafting and signing of all final papers required to complete the matter with the court.
Time Outs. The parties are welcome to speak out and ask questions at any time. Also, if anyone needs a break, there is always a few minutes for that. Frequently counsel or the parties may consult with other professionals or other interent sources of information for assets.
Role of the Mediator. The Mediator will alternatively work with each side in narrowing the issues and framing acceptable options for resolving each. He will used a number of professional techniques and combinations of them to then bring the solutions of all together, and weave a full, complete, and final settlement of all the issues discussed. The Mediator will not practice law, and will always defer to your own counsel in your legal advice.
Contact of the Parties. While the parties may use separate caucus rooms to meet with their lawyer and the Mediator, sometimes at the conclusion of the session the parties wish to meet for the signing of final documents, or otherwise to exchange good wishes. However this is optional, and the parties will have contact only if all persons agree.
Collaberative Law. Commissioner Gaddis has been trained in and has taught techniques for the use of collaberative law in a mediation environment. Collaberative law is a dispute resolution process whereby the parties commit themselves to reach a fair and full settlement without conflict or negative behavior.