In Mediation, Being Prepared Is Your Best Defense
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As the wise Confucius said, “success depends upon previous preparation, and without such preparation there is sure to be failure.” Or was that Oprah? Regardless, when it comes to mediation, the quote rings ever true. And Katherine Gallo on the Resolving Discovery Disputes Blog explains how to best prepare your case for the alternative dispute resolution process.
PRIOR TO SCHEDULING A MEDIATION
The first step is to research the causes of action and figure out what’s needed to prove or defend your case. This means: review jury instructions; determine the applicable statues and case law; if a dispositive motion can be filed, determine if it’s a good tactical move to do so; and review third parties and insurers and ensure they’ve been notified of the case and responded.
INVESTIGATION AND DISCOVERY
The first step here is to determine what information is needed to evaluate (not prove) the case, says Gallo, and then to decide from there what can be obtained from an investigation versus formal discovery. Whatever you decide, never go into a mediation without the following: obtain an initial written discovery; records (such as medical records); depositions of the major players in the case; relevant contracts, photographs, reports; and third-party investigations.
BRIEFS
They should be given to the mediator and the opposing party at a minimum of five days before, says Gallo, and they should be prepared as if they were being filed to a court. Be sure to include: a timeline of events; statements regarding liability; relevant legal authorities (case-law or statutory); a calculation of damages and exhibits such as photographs, reports, diagrams and expert reports.
Read original articleTags: Alternative Dispute Resolution, Katherine Gallo, Resolving Discovery Disputes Blog
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