How to Best Make Use of a Mediation Date When the Mediator Is a No-Show

As with all things COVID-19 related, parties to lawsuits and their counsel have had to become flexible and just roll with the unexpected at times. The opportunity recently arose for me to exercise some flexibility, and it ended up resulting in a way that best served my client.  

I recently spent time preparing for a court ordered mediation. This meant I spent time reviewing the file, discussing the case with the client, and drafting a summary of the case for the court’s Mediation Department’s review in advance of the mediation. Having been unable to resolve the matter with Plaintiff’s counsel prior to the mediation, we both arrived at the appointed time for the mediation. While the mediator never arrived (due to a later-discovered scheduling error), instead of just heading our separate ways, Plaintiff’s counsel and I decided to use our time together to conduct an informal mediation. Ultimately, Plaintiff’s counsel and I reached an agreement to settle the case upon terms agreed-to between our clients  

As unexpected as some of the pandemic-related changes and issues have been over the course of the past twenty months, my takeaway from this particular mediation was that there may always be an unexpected opportunity to take advantage of time with Plaintiff’s counsel outside of the formal litigation framework to settle a case. In this case, our decision to make the most of a scheduling error ended-up benefitting both of our clients.

Contact Marisa Bartlette Willis or another member of Ice Miller’s Workers’ Compensation team for more information related to this topic.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.