Our foundational
best practices

 

THE MINERVA METHOD

These best practices documents are at the core of how we approach our mediation, arbitration and litigation management services.

BEST PRACTICES FOR MEDIATION
 

  1. A pre-meeting, with or without counsel, prior to the mediation, where parties can highlight to the mediator issues or concerns they think are necessary, including their private perspectives on the issues and impediments to settlement, so that the mediation begins with bargaining rather than information giving/gathering.

  2. Formal mediation briefs are not required in every case, particularly if the parties have already been negotiating or are in litigation and have already prepared material they can rely on for the mediation. If there are briefs prepared, the briefs should not contain any reference to historical events unless directly relevant to a live issue at the mediation.  In other cases, no briefs may be required but most recent offers, back up calculations to same and basic background documents such as previous separation agreements (sometimes a joint brief with the basic documents).

  3. We provide evaluative mediation and give feedback about the merits and the issues to the parties.  Each party may receive different opinions about their risks.

  4. If the parties are represented, counsel should attend mediation with a draft Separation Agreement (not Minutes) such that if a settlement is reached, the Separation Agreement may be signed that day.

BEST PRACTICES FOR ARBITRATION AND
LITIGATION MANAGEMENT
 

  1. A pre-arbitration conference with counsel and the parties to determine the issues for arbitration, a timetable for pre-arbitration events, including the exchange of expert reports, documents briefs, estimates of the time required for the arbitration, any physical arrangements necessary for the attendance of parties or witnesses and any issues arising out of the results of the screening.

  2. We deliver awards on all issues submitted for determination on a timely basis.  For interim awards, we undertake to deliver the award within 15 days and for final arbitrations, within 45 days unless agreed otherwise with counsel.

CONFLICT FREE

The Minerva Group lawyers have a shared commitment to best practices in mediation and arbitration. We do not share fees, nor do we share any information about the mediations or arbitrations we conduct with other Minerva Group members. When you retain one of the Group to mediate or arbitrate, you are retaining the firm at which they practise. Because of this, procedures for conflict checks and policies about fees and retainers may differ.

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If you have any further questions, please get in touch.