PREPARING FOR MEDIATION

ATTORNEYS

This article, Mediation Tips, and the Mediation Preparation Checklist for Attorneys provide guidance for attorneys to best prepare for mediation.

One week prior to the mediation, attorneys will be asked to provide a mediation memo and supporting documentation including the factual background to the dispute, the claims and defenses of the parties, the procedural posture of the case, the nature and extent of settlement discussions that have taken place, who will be attending the mediation. The mediation memo should be exchanged with opposing counsel as this exchange is helpful to the mediation process. Additional, confidential information may be provided in a separate, confidential memo.

 

CLIENTS/PARTIES

Arrive at the mediation with a true commitment to resolution and take advantage of the opportunity to reach closure, certainty and finality through negotiation. Come with an openness to broaden your perspective of the dispute and to reevaluate the case as the mediation progresses. This list of Mediation Preparation Questions will help you think through and identify your true interests.