New York Mediation Instructions to Counsel in EDDY Mediation are a set of guidelines that all attorneys must follow when attending a court-ordered mediation in the U.S. District Court for the Eastern District of New York (EDDY). The EDDY Mediation Instructions to Counsel are meant to provide a framework for successful mediation and to help ensure the successful resolution of disputes. The instructions are divided into four sections: General Instructions, Mediation Instructions, Settlement Instructions, and Post-Mediation Instructions. General Instructions: The General Instructions outline the purpose of court-ordered mediation in EDDY and provide a brief overview of the mediation process. It outlines the roles and responsibilities of the mediator, the parties, and counsel. Mediation Instructions: The Mediation Instructions provide information on the specific procedures that must be followed during the mediation process. It also explains the proper use of exhibits and documents, as well as other pertinent information. Settlement Instructions: The Settlement Instructions provide guidance on the settlement process. It outlines the required elements of a settlement agreement, as well as the procedures for submitting and executing a settlement agreement. Post-Mediation Instructions: The Post-Mediation Instructions provide guidance on the steps to be taken after a settlement is reached. It outlines the procedures for filing the settlement agreement in court, as well as the procedures for monitoring the agreement’s implementation.
New York Mediation Instructions to Counsel in EDNY Mediation
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FAQ
In plaintiff cases, the opening statement is used to reinforce the idea that this process is the individual plaintiff's ?day in court.? Opening statements are also useful when one side believes the decision-maker on the opposing side has not been given a full assessment of the facts and the law.
Effective openings often acknowledge the impact the incident has had on the other party, acknowledge the strengths of both cases, state that they feel confident that a Court will rely upon certain parts of the law or evidence to find their position more persuasive and conclude with a commitment to attempting to achieve
(1) The mediator shall assist the parties in reaching a mutually acceptable resolution of all or part of the issues in dispute. The mediator has no authority to impose a resolution of the dispute on the parties. (2) The mediator shall conduct the mediation in good faith and in an expeditious and cost-effective manner.
Stages of Mediation Stage 1: Mediator's opening statement.Stage 2: Disputants' opening statements.Stage 3: Joint discussion.Stage 4: Private caucuses.Stage 5: Joint negotiation.Stage 6: Closure.
Mediation is a voluntary process in which a trained and impartial third person, the mediator, helps the parties in dispute to reach an amicable settlement that is responsive to their needs and acceptable to all sides.
The opening statements are an opportunity for everyone to lay out the basic premise behind the concerns and issues of the case. It is not a back-and-forth conversation; rather it is a presentation of ideas. For that reason, the mediator does not jump in to ask questions at this point in the process.
Mediators begin by welcoming the parties to the session. A simple statement such as ?I'd like to welcome the two of you to our center? can suffice. A common addition to welcoming the parties is to praise them for coming to the mediation table.
I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.