Checklist for Successful Mediation

PREPARE A MEDIATION BRIEF INCLUDING:

  • Strengths and weaknesses of your clients case
  • Strengths and weaknesses of your clients  opponents case
  • Material legal contentions
  • Material factual disputes
  • Damages and/or remedy sought
  • Attorneys fees and costs incurred to date and to be incurred to trial
  • Settlement discussions and current demands and offers

CONSIDER PROVIDING THE MEDIATOR WITH  CONFIDENTIALLY MATERIAL

  • What additional confidential material may get the dispute resolved?
  • Consider providing the confidential material in a separate confidential  brief
  • Consider providing the confidential material at the Mediation Hearing  after initial progress is achieved

PREPARE THE CLIENT FOR MEDIATION

  • Review How Mediation Works with client
  • Review strengths and weaknesses of clients case and the strengths and  weaknesses of adversarys case
  • Discuss settlement goals and alternatives with client
  • Prepare client for role in presentation of case at the Mediation Hearing

BE PREPARED TO PUT ON A HIGH IMPACT PRESENTATION  AT THE MEDIATION

  • Present key documents, photographs, charts, and evidence to highlight case
  • Consider your clients role in the presentation
  • Put on the best showing to impact the opposing attorney, client, and  adjuster
  • Use the Mediation to present the case from your viewpoint, without  cross-examination and rules of evidence

BE PREPARED AT THE MEDIATION TO NEGOTIATE A  RESOLUTION

  • Be ready to persuade, listen, and negotiate with decision makers
  • Consider what you and your decision makers are willing to do to reach  resolution
  • Be ready to structure a settlement with creative and flexible resolutions
  • Be ready to consider  new proposals

BE PREPARED TO FINALIZE THE SETTLEMENT WITH A  WRITTEN AGREEMENT

  • Be prepared to structure a written settlement agreement
  • Consider which provisions will be necessary to obtain a workable and  enforceable resolution pursuant to satisfy the requirements of Evidence Code  1123
  • Consider whether a Court should retain jurisdiction to enforce the  settlement pursuant Code of Civil Procedure 664.6

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