Effective
ADR
| Employment
Dispute Resolution
Mediation Procedure
Confidentiality
All participants
must sign a
Mediation Confidentiality Agreement ("MCA") adopting California's
strong confidentiality rules. The current
MCA is available upon request and at the start of mediation.
Approach
Mediation
allows the parties to weigh their own interests
against possible outcomes should litigation continue. The
mediator
facilitates this process through frank, confidential discussion. Mr.
Rybicki will always respect each party's position and remain neutral,
but he will ask every participant to consider the strengths
and
weaknesses of their position.
Mediation
Statements
The
mediator begins with no knowledge of the case. It is essential that
each party prepare a confidential statement
discussing
its claims or defenses, history of the case, an
honest
discussion of each side's strengths, and important facts or evidence.
The statement may be as long or short as you like but should be
delivered at least one week before the mediation.
Premediation
Conferences
Many
cases benefit from confidential calls between the mediator and
each counsel prior to mediation. This allows the mediator to discuss
points made in the mediation statement, request clarification or
additional materials, and explore initial positions. These
calls
are a confidential part of the mediation process.
Mediation
Mediation
usually begins with each party in separate caucus, allowing time for
introductions and a discussion of the mediator's role. Each
participant will be asked to sign the Mediation
Confidentiality
Agreement in the initial caucus.
Much of the day may be spent in separate caucus, with the mediator
leading discussions with each party and its counsel. These
sessions
are completely confidential; Mr. Rybicki will not disclose any
information to the other side without express permission.
The
parties may also meet in joint session or, when appropriate,
counsel may meet one other directly.
Counsel are
expected to work with Mr. Rybicki to maintain civility and
meaningful dialogue during joint sessions.
If the parties
reach a settlement, they should formalize a written settlement
agreement as quickly as possible - during the session if possible.
Counsel are encouraged to bring an appropriate
settlement
form to the mediation and to consider issues that might be important.
These issues can be discussed as part of the overall settlement
dialogue, avoiding disputes or surprises at the end of a long
day.
Follow-Up
We are happy to work with parties who want to settle but were
not
able to do so in the mediation. This may include
telephone conferences, meetings or - if the parties agree
- a
mediator proposal. All post-session communications
are
considered part of the confidential mediation process.
Richard C. Rybicki
Effective ADR - Employment Dispute Resolution
Rybicki & Associates, P.C.
10 Executive Court, Suite 204
Napa. CA 94558
(707) 222-6361
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