In order to maximize the chances of a successful mediation or settlement conference and to better utilize the resources of all participants during the session, it is essential that the mediator be provided certain information in advance of the mediation or settlement conference. Please make sure that the following information is provided in a timely manner.
Immediately Following the Scheduling of the Mediation
• Names and title if participating in a representative capacity, of all persons who will be attending or participating in the mediation, including those who may be participating by phone.
• Court, case number, and caption.
Five (5) Days Prior to the Scheduled Mediation
• Fully executed Mediation Services Agreement.
• Confidential Settlement Memorandum that includes:
- A brief overview of the case both in legal and practical perspectives
- A reference to key pleadings, including copies in the event that copies are not otherwise available on-line
- A short summary of both undisputed and disputed key facts
- Relevant case law and applicable statutes
- Status of discovery including a brief summary of critical statements or admissions
- Summary of all settlement discussions and current status
- Honest assessment of the strengths and weaknesses of your side of the case in the event of trial; the best alternative to a negotiated settlement (“BATNA”)
- Assessment of any critical issues that are keys to any resolution
• Mediation Statement. This can be a separate statement or incorporated into the Confidential Memorandum and should include the following:
- Identification of your client’s particular interests, needs and motivations that may drive any monetary settlement
- If possible, an educated guess as to the interests, needs and motivations of the other side that may drive any monetary settlement
- How the issues should be framed and a suggested agenda for addressing the issues
- Suggestions as to what information you would like to receive from the other side and the nature and extent of any problems that you would have in reciprocating
- Options and strategies for settlement that you have developed and any suggestions for implementing them
On the Day of Mediation
• Required retainer
• A creative and productive mind set by all participants dedicated to problem solving and a resolution of the conflict between the parties.
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