Scheduling Mediation

For information about Dana Curtis’ availability and to schedule a mediation, contact her office at or call 415.331.5158. After a mediation is scheduled, Ms. Curtis will send counsel a letter confirming the mediation, scheduling a pre-mediation telephone conference and requesting the deposit of estimated fees required to reserve a mediation date. She will also send a Mediation and Confidentiality Agreement to be signed by counsel and the parties.

Pre-Mediation Telephone Conference

Ms. Curtis routinely consults with counsel together and separately before mediation to address logistics, to insure the parties' preparedness and to discuss the approach best-suited to the dispute. The initial joint pre-mediation discussion typically includes:

  • Background of the dispute
  • Information the parties require before the mediation session
  • Logistics - date, time, location, length, participants and authority to settle and mediation statements and their exchange
  • Suggestions to improve effectiveness and address issues that might pose impediments to mediation
  • Procedures to be followed
  • Confidentiality and required attorney-client disclosure
  • Fees and deposit

Mediation Statements

Counsel typically submit and exchange mediation statements one week before the mediation session. Mediation statements commonly include discussions of the following topics:

  • Factual and procedural background of the dispute
  • Legal issues and arguments
  • For plaintiff, explanation of damages
  • The parties' interests as they relate to settlement 

Mediation Session

Mediation sessions proceed according to a plan counsel and Ms. Curtis develop in the pre-mediation call. Typically, the mediation begins with a joint session, sometimes simply to introduce the participants and discuss procedures for the session. In other cases, participants remain together to exchange perspectives on the dispute and information they believe will contribute to resolution. When business or personal relationships are integral to the dispute, joint sessions provide a forum for parties to address the dispute in ways that allow closure or in some cases reconciliation.

At some point, parties and their lawyers may decide to meet confidentially with Ms. Curtis to discuss, for example:

  • Information they did not disclose in the initial joint mediation session
  • How to communicate information not discussed in joint session
  • Proposals and a negotiation plan
  • Creative ideas for resolving the dispute
  • Methodical case analysis incorporating both parties' perspectives

Post Mediation Follow-Up

Most disputes resolve in a single mediation session. If they do not, Ms. Curtis follows up to encourage further negotiation or to explore future opportunities to resume discussions, either in-person or by phone. It is highly unusual for disputes to remain unresolved with Ms. Curtis' continued attention and encouragement.