Panelist(s):

• John M Barkett
• Maura A Smith
• Therese Vande Hey

This program will cover the attributes of good preparation for mediation. Some of the topics include:

• Proper evaluation of the claims or defenses
• Identifying critical legal issues
• Understanding evidentiary problems
• And several more elements necessary for thorough preparation

How important is preparation to the success of mediation? If the goal is a successful mediation, the answer is, “very.” Yet invariably one party, and sometimes more than one party, walks into a mediation unprepared. This program will cover the attributes of good preparation for mediation, whether the amount in controversy is small or large, or the issues in controversy are simple or complex. Panelists will cover:

• Proper evaluation of the claims or defenses;
• A fair assessment of known facts and critical facts not yet established;
• A common understanding of the damages claim and the basis for the claim;
• A common understanding of nonmonetary issues that are critical to settlement;
• A fair assessment of the trier of fact;
• Identifying critical legal issues, especially those that will likely be appealed;
• Explaining the meaning of “full settlement authority;”
• Identifying emotional issues that are impediments to settlement and designing strategies to address them;
• Understanding evidentiary problems; and
• Consideration of a premediation consultation with the mediator.

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Tags: critical legal issues, Mediation, Proper evaluation