Although the process can vary depending upon on the complexity and number of issues to be addressed, the scheduling of a Pre-FactoTM Mediation often begins with a fiduciary or his/her counsel.
The fiduciary or counsel initiates the scheduling of a mediation by telephone, fax or email. Claudia Powell personally follow-up by telephone or email. This initial communication usually includes preliminary scheduling of the mediation. Absent other arrangements, we will rely upon the person contacting us to be our sole contact for selecting a date, time and location for the session and for identifying who will attend. Those attending will be confirmed by the completion and return, prior to the session, of an intake sheet . Other paperwork may be provided by us for completion and return prior to the session.
Mediation sessions usually begin with a collaborative, group meeting. Although communication as a group is encouraged, private caucuses are also utilized. Sessions are often scheduled for two to four* hours, although they can run longer if needed.
The goal of each session is the creation of a written agreement between all parties participating in the session.
*Probate matters, particularly conservatorships,can go on for many years, requiring the parties to interact with one another on an ongoing basis.In these circumstances, we recommend regular, shorter sessions (not more than two hours), to adapt agreements to changing circumstances.