Judge Cianci encourages parties to create their own settlement and will facilitate discussion.  It has been his experience that parties who keep talking will eventually compromise and reach a settlement.  

The parties are always encouraged to submit briefs and supporting materials and to exchange those materials with all participants in the mediation.  Confidential briefs (not shared with the other party) may be submitted if counsel or the parties believe it necessary.

Judge Cianci encourages a frank and candid discussion in all private caucuses. The mediation will continue until the parties are able to reach resolution or if the parties and the mediator all determine that a settlement is simply not possible at that time. If settlement is reached, Judge Cianci encourages counsel to draft and execute a memorandum of agreement at the mediation. If settlement is not reached, Judge Cianci will discuss with the parties the issues that have created impasse, additional information that may need to be obtained in order to make further progress in the mediation, and such other issues as may be germane to a successful conclusion of the mediation. If the case does not settle with initial mediation, Judge Cianci will typically follow-up with telephone or email communication in order to track the progress of the case and assist with resolution.

Judge Cianci welcomes the submittal of mediation briefs and strongly encourages that briefs be exchanged by the parties. Briefs may be either in a pleading format or in a letter. There is no need for voluminous pleadings or briefs. The purpose of the brief is to provide the mediator with information in order to focus on the important issues in the mediation. It is helpful if the mediation briefs identify the parties, pertinent witnesses, and the nature of the case, pertinent facts, and issues of liability, causation, affirmative defenses, and damages. He does request that the pleadings be submitted at least two days before the mediation; they may be emailed to mike@ciancimediation.com.