Although the mediation has ended, the mediator’s services may come in handy post-session, too.
I received two such calls this week. One simply asking for clarification on the expected mail-date of the settlement check. The other, more involved.
A plaintiff who was a former employee of the defendant received his settlement check with an apparent miscalculation of withholdings. The amount was processed as though it constituted earnings for one pay period rather than the year’s total, and the difference was several thousand dollars. Plaintiff had difficulty explaining and resolving the discrepancy with defendant’s attorney, so he reached out and asked me if I could help. I called and explained what I thought was lost in plaintiff’s explanation. Based on the clarification, the attorney agreed to try to have the check re-issued.
If you’re not sure, ask your mediator if you can count on his/her help after the session, whether you settle or not, and what each of you can expect in terms of availability — ongoing negotiations via telephone, email exchange and review of settlement documents, possibility of holding a follow-up session, etc. — and associated costs.