Our litigation team regularly attends mediations both before a lawsuit is filed and while a lawsuit is pending. We’ve covered mediation in the past, but for those who are unfamiliar, mediation is essentially a conference in which parties sit down together, generally with a neutral third party, to see if they can resolve cannabis litigation or a pre-litigation dispute outside of a court.
When reasonable minds prevail, an effective mediator (who is often a seasoned attorney or even a retired judge) can work with the parties to see the strengths and weaknesses of their cases, the cost vs. benefit analysis of filing or continuing a lawsuit, and what settlement options are available. Importantly, a mediator can NOT make the parties settle – it is truly up to the parties to put their best foots forward and participate in their mediation in good faith.
Mediations often take all day (sometimes, even multiple days) and our team has witnessed the gambit of model and no-no behaviors over the years. They are often filed well after cannabis litigation commences. Here are my general tips for how clients should prepare for and conduct themselves at a mediation:
Be prepared. Most mediations begin well