Tips for Young Lawyers at Mediation
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The starting point for a successful mediation is preparation. Knowing your client’s goals and the strengths and weakness of your case are just a few of the things to consider in preparing for the mediation. Although each case presents unique considerations, you and your client should go through the following points during your preparation:
1. What are your client’s goals in the litigation?
2. What are the strengths and weaknesses of your case? Be sure to consider the opposing side’s view of the case: What is wrong with it? What is right with it?
3. What facts and legal issues do both sides agree or disagree on?
4. What points (1) can you concede in the settlement conference and (2) cannot be conceded in the conference?
5. Do pending or prospective motions (for example, motions for summary judgment or motions to compel) make it more or less desirable to settle now?
6. Do deadlines make it more or less desirable to settle now?
7. What are estimates of potential damages? Is nonmonetary relief at issue?
8. Is your client prepared to take this case through trial?
9. What is the downside risk to your client? To the opposing party?
10. How much is your client willing to pay or accept to settle case?
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