General Objectives

Prior to convening the mediation or arbitration Paul Fisher conducts a telephone conference in which all attorneys participate. The objective is to reach an agreement on all issues concerning the mediation or arbitration so that all of the attorneys are moving in the same direction and have adequate opportunity to be fully prepared to bring the matter to a successful conclusion.

For further information on how telephone conferences are established see Getting Started. At the commencement of the telephone conference Fisher assumes that only some of the attorneys have agreed to have him serve as mediator or arbitrator on their dispute. The telephone conference therefore serves as a great opportunity for the attorneys to ask questions concerning his expertise, background, experience, and prior contacts or potential conflicts of interest. Even at the conclusion of the telephone conference attorneys can reserve their decision to retain Fisher until they have conferred with their clients.

Pre Mediation Telephone Conference
During the telephone conference forms of mediation to which all counsel are amenable are discussed. Fisher also discusses elements that must be present for a successful mediation, how to prepare clients for mediation and who must be present at the mediation. Discovery issues are also addressed. Fisher will also discuss how to prepare effectively for mediation without unnecessary expense. Dates are then set for the mediation, and for the exchange of mediation statements.

Pre Arbitration Telephone Conference
Arbitration cases require that there is no ex parte communication between the arbitrator and any attorney or party to the case. Therefore, all communication should be with Fisher's staff who will arrange the pre arbitration conference call.

During the telephone conference, counsel are provided an opportunity to very briefly summarize their positions, and discuss discovery issues. Time estimates are discussed and hearing dates are set. Schedules are stipulated to for exchange of information between counsel including witness lists, opening briefs, and exhibit books. Tools to facilitate the arbitration and many mechanical issues are discussed.