Mediation Process Overview
Judge Mark A. Schuering (Ret.) – Civil Mediator
I. Mediation Submissions
A. Settlement Letters – Deadline & Confidentiality
To support an effective and timely mediation, counsel should submit settlement letters and supporting documents at least 2–3 days prior to the scheduled session. These may be submitted via email or regular mail.
All submissions will be kept strictly confidential unless both parties explicitly agree to exchange their letters. Even when letters are exchanged, all mediation discussions and materials remain confidential from outside parties.
Supporting materials such as depositions, records, and photographs may be submitted electronically. A return email will confirm receipt.
B. Recommended Contents of Settlement Letters
- Case Status (e.g., pre-suit, pre-discovery, pre-trial, post-verdict/appeal)
- Concise Statement of Facts
- Liability Overview (Plaintiff and Defense perspectives)
- Damages Overview (Plaintiff and Defense perspectives)
- Key Depositions, Reports, Documents, Photos (*for lengthy depositions, cite relevant pages to economize)
- Plaintiff’s Last Demand
- Defendant’s Last Offer
- Lien Information
- Special Considerations or Barriers to Settlement
These are suggested guidelines and can be tailored to fit your case.
All submitted materials are destroyed or deleted following the mediation.
II. Foundational Principles
"Fulfillment may fall short of expectations." – Justice Benjamin Cardozo, 1924
"Discourage litigation. Persuade your neighbors to compromise whenever you can..." – Abraham Lincoln, 1850
Mediation is most productive when approached with realistic expectations, respect for all parties, and a sincere effort toward resolution. Even when a case does not settle, mediation often provides valuable insight and strategic clarity.
All participants in mediation should pledge to act-
- in good faith, and
- maintain an open mind, and
- have a genuine intent to resolve the dispute
III. Optimal Timing for Mediation
Mediation is effective at various stages of litigation:
- Pre-suit
- Pre-discovery
- Pre-trial
- Impending trial
- Post-trial or on appeal
IV. Who Should Attend
- Lead trial counsel (with full settlement authority)
- Plaintiffs and defendants
- Claims adjusters (in person or via Zoom)
- Support persons (family/friends) are often helpful and welcome
If a party with settlement authority is unable to attend, please reschedule.
V. Location
Mediations are typically held at a mutually agreed-upon location—often one of the attorneys’ offices—or conducted via Zoom.
VI. Mediation Conference Format
Opening Session
I will begin with a brief overview of the mediation process and ground rules. Opening statements from counsel are not expected unless specifically requested in advance.
Confidentiality & Non-Binding Nature
Unless otherwise agreed, the mediation is non-binding. All offers, statements, and conduct during mediation are privileged and inadmissible in court.
Presence of Adjusters/Principals
Claims adjusters should appear in person or by Zoom with their attorney.
Mediation Style
By default, I use a Facilitative approach. Upon request or as appropriate, I incorporate:
- Courier Mediation: Neutral relays offers and demands
- Facilitative Mediation: The neutral mediator guides the parties’ communication and negotiation process without offering opinions or judgments.
- Evaluative Mediation: Neutral offers opinion based on experience and law
- Hybrid Mediation: Combination of facilitative and evaluative styles
Facilitative Mediation:
The mediator acts as a neutral guide, helping parties communicate, clarify their interests, and collaboratively develop their own solutions. The focus is on the process and empowering parties to control the outcome. This style is ideal when ongoing relationships matter or when parties need to express feelings and perspectives.
Evaluative Mediation:
The mediator takes a more active role by offering opinions and assessments about the strengths and weaknesses of each party’s case, including how a court might view it. The focus is on helping parties understand the legal and practical consequences of their positions and encouraging realistic settlement.
Hybrid Mediation:
Many mediators blend these styles, starting facilitative to foster communication, then adding evaluative input as needed to guide parties toward resolution.
Transformative Mediation Techniques: Focusing on party empowerment and mutual recognition
Settlements must be voluntary and mutually agreed upon.
Focus Areas in Mediation
- The Facts
- Applicable Law
- Liability
- Damages
VII. Private Caucuses
During mediation, I will meet privately with each side to explore resolution options. All communications remain confidential unless permission is granted to share.
I do not advocate for either side and maintain strict neutrality throughout.
All legal advice comes exclusively from the parties’ attorneys; nothing the mediator says should be construed as legal advice.
VIII. Settlement Agreements
If a settlement is reached, a summary or formal written record of the resolution will be prepared and agreed upon by all parties.
IX. Fees and Costs
- Mediation Fee: $250/hour (includes preparation and mediation time)
- Travel Mileage: $0.50/mile round trip from Quincy, IL
- No hourly charge for drive-time
- Equal cost-sharing by default unless otherwise agreed
X. Cancellations & Rescheduling
Cancellations made in advance will incur charges only for pre-mediation work. Rescheduling does not incur extra costs.
XI. Confidentiality Commitment
With or without a signed agreement, I treat all mediation matters as strictly confidential. All submitted materials are deleted or destroyed after the session. If preferred, parties may submit their own confidentiality form for signature.
XII. In Summary
"No case is so good that it can’t be lost; no case is so bad that it can’t be won."
I am committed to providing a mediation experience that is efficient, respectful, and resolution-focused.
Contact Information
Judge Mark A. Schuering (Ret.)
1652 York Street
Quincy, IL 62301
📞 (217) 257-6662
Counsel should feel free to contact the mediator at any time to ask questions about the process or discuss particulars for an upcoming mediation. Ex parte communication prohibitions do not apply to the mediation process