My brother went through an unsuccessful mediation in a medical malpractice case with a mediator concerning the death of his wife while in hospital care. The medical expert strongly supports my brother’s claim. During mediation he was told that if mediation failed (i.e. if one or both parties fail to agree i.e. sign the mediator's agreement), then mediation would not be repeated in any form, and the next step would be trial. The pretrial and trial dates are scheduled for this year. He recently was informed by his lawyer that both his lawyer and the mediator want to meet with each party separately, which completely negates what he was told during mediation What's going on here? Why is his lawyer/ law firm allowing this? What should he be cognizant of in this process?
All mediators are different and handle things a little differently. I have had mediators call me up and still work toward getting the case resolved even after a formal mediation. Meeting with parties separately is necessary. Many times the mediator has to "hammer" on one party or another, and does it in private. It sounds like your mediator is doing what he can to try to bring the case to a successful conclusion. Let him do his job.