The Pre-Session Call: A Practical Guide for Mediators and Attorneys

In this article for Texas Lawyer, JAMS neutral Gary Fowler, Esq., emphasizes that a pre-session call can significantly enhance the efficiency and success of the mediation process. This preliminary conversation helps identify key issues, minimize surprises, and encourage more thoughtful preparation by both attorneys and mediators.

Benefits of a Pre-Session Call in Mediation

• Encourages early issue identification and preparation
• Clarifies expectations and reinforces confidentiality
• Builds rapport and reduces anxiety, especially for first-time participants
• Provides insight into goals, potential deal-breakers, and settlement options
• Helps mediators understand emotional dynamics and party relationships
• Addresses logistics to prevent disruptions on the day of mediation

Format and Participation

Many mediators, including Fowler, find separate pre-session calls with each party more productive than joint calls. While client participation is optional, it can be helpful in building trust or clarifying expectations.

Key Topics Covered

Typical discussion points include the case background, procedural posture, settlement history, key documents, and the parties’ interests. The call may also address who will attend, any required accommodations, and how best to structure the mediation for productive outcomes.

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