After decades as a trial lawyer, Philip Cook has turned from litigation to focus exclusively on alternative dispute resolution. Reflecting on his legal journey, Cook shares insights into his passion for advocacy and the unique challenges of mediation.

How do attorneys learn to effectively advocate in mediation? Cook Mediation offers a complimentary training program entitled “Mediation—Preparation, Advocacy and Outcome.” The program is an interactive experience aimed at attorneys who have limited experience mediating a litigated dispute, although it is certain to cover material that even experienced litigators will find helpful. And the program is customized, tailored to address specifically those topics that you and your firm want to cover.

When settlement agreements include an enforcement mechanism under California Code of Civil Procedure section 664.6, the statute has been interpreted to require all “parties” to sign the agreement. Effective January 1, 2021, however, statutory amendments will permit attorneys and insurance representatives to sign an agreement that may be enforced under section 664.6.

Heading into a mediation with a client that understands what to expect will empower the client to consider possible litigation outcomes, to weigh risks against certainty, and to take an active role in crafting a post-litigation future provides the best chance of a successful mediation.

Although you would prefer a comprehensive, formal settlement agreement, you are willing to finish the mediation today with an initial, "short form" or abbreviated term sheet confirming the settlement. Even where parties recite their intent to later enter into a more formal settlement agreement, the term sheet should be enforceable.

The growth of video conferencing in mediation has been recent and rapid. While there is no substitute for the “presence” and human interaction that comes with face-to-face communications, virtual mediations provide a number of benefits. More importantly, virtual mediations work.

Code of Civil Procedure section 664.6 allows a court to enforce a settlement agreement. But the statute includes certain requirements you must follow if you want the court to retain jurisdiction for future enforcement.

To make sure clients are fully informed about mediation confidentiality, the law requires attorneys representing clients in connection with a mediation to provide a written disclosure. Importantly, the disclosures must be provided to clients before the client agrees to participate in a mediation..