Tips for Success
Below are some tips to make the most out of your Minute Mediator session:
General Strategy
It’s important to get close to your authority number as quickly as possible. If you stay too high (Plaintiff) or too low (Defendant), your session can quickly elapse in 30 minutes with no resolution. Unlike traditional mediation, in which each side typically goes up or down in tiny increments, with Minute Mediator, there is no need to start your demands in the stratosphere or your offers in the sub-basement.
Also, remember that if you are a Plaintiff, each demand must be lower than the last one; and if you are a Defendant, each offer must be higher than the last one. Plaintiffs must start with their highest number; the Defendants must start with their lowest number. So you want to leave a little leeway above or below your ultimate authority number, so you can go lower (Plaintiff) or higher (Defendant) on the next round.
Remember, the other side never sees your numbers unless the Defendant’s number goes above the Plaintiff’s number, causing the case to settle at the midpoint.
Before you mediate
It is helpful to have a good idea of what offers or demands you want to make, and how quickly you want to get to your settlement number.
Remember that in traditional mediation, you can take an hour or two before you give your opponent the next number. Minute Mediator is designed to resolve your case in 30 minutes or less, so you need to come prepared. Try to get as many rounds as you can inside the 30-minute window. In order to have a successful session, you should have authority from your client and be ready to get to the ultimate number quickly.
Your first mediation
Keep in mind that once you enter your numbers, there is no retracting them. Make extra sure that the numbers you type in are the numbers that you want.
In order to make sure no one settles a case on unfavorable terms because they mistyped the number, you will be asked to confirm your number after you enter it. Remember: if the Plaintiff’s number dips below the Defendant’s number, the case will settle at the mid-point. So be extra sure of your numbers. If you have any questions, contact us.
Remember that when the Plaintiff enters demands, the demands are successively lower. Demand 2 must be lower than Demand 1. Demand 3 must be lower than Demand 2. Demand 4 must be lower than Demand 3. If you violate that rule, the system will not take your number. The opposite is true on the Defendant’s side. The Defendant’s offers get increasingly higher. So Offer 2 has to be higher than Offer 1. Offer 3 has to be higher than Offer 2, and so on. Once the numbers are entered, Demand 1 is matched against Offer 1. Demand 2 is matched against Offer 2, and so on. The first time the Plaintiff’s number dips below the corresponding Defendant’s number, the case settles. Also, remember that if your case successfully settles for over $15,000, your credit card will be automatically charged the $1,000 Success Fee.
After your session
Here is one thing which is just like traditional mediation. Once the case settles, the parties then will draw up their own releases and other settlement documents.
In Minute Mediator, the only thing which is negotiated is the number. So if there are other issues in your case, like confidentiality, resolution of liens, non-disparagement, structuring of the settlement, or other issues, those have to be separately negotiated by the parties outside of Minute Mediator.
Your numbers can only go one way
If you are the Plaintiff, remember that your numbers have to get successfully lower. So if you enter $1,000,000 on Demand 1, and then try to enter $1,100,000 on Demand 2, the system will not accept your answer, because it isn’t lower.
The same thing occurs on the Defendant’s side. If you try to type in $200,000 on Offer 1, and then try to put in $150,000 on Offer 2, the system will not accept it because you are not going higher.