In many cases, a candid examination of these issues is helpful in reaching a consensus on the settlement value of the case. The circuit mediator inquires about settlement and probes for each party's interests, often in private discussion with each side. Every effort is made to generate offers, counteroffers, and alternative settlement options until the parties either settle or know the case cannot be settled. The circuit mediator may also mediate related trial court cases, frequently in an attempt to achieve a global settlement of various lawsuits or proceedings. Once a case is scheduled for conferencing, participation in the conference process is generally mandatory, but a case may be removed as described above.
Participation is usually through lead counsel.
The CMO attempts to identify lead counsel when scheduling the conference and requires lead counsel to obtain advance authority from their clients to make such commitments at the conference as reasonably may be anticipated. Although clients are not required to be present at most initial conferences, they may wish to participate in their conferences and are encouraged to be actively involved in the mediation process. The court suggests that counsel may wish to have clients attend the conference or be available by phone at the time of the conference. The circuit mediator also may require clients to attend. When settlement cannot be achieved without the involvement of individuals or groups who are not parties to the appeal, such parties may be invited to participate.