Preparation Tips For Mediation

Great preparation before the mediation by the legal representatives and the parties can improve the probability of the parties negotiating their dispute at the mediation. What should such preparation include? arapahoe county mediation

Such preparing may include:

Deciding whether the other party must provide voluntary disclosure of certain categories of documents or evidence before the mediation;

Deciding whether further facts will probably be needed before the mediation. For example, in a construction dispute, have the Quantity Surveyors prepared a joint report?;

Undertaking a proper commercial and complicated technical analysis of the claim, and also an analysis from the Defendant’s perspective;

Checking the convenience to those attending the mediation;

Considering whether a barrister will be required to attend the mediation;

Considering whether any expert, for instance an Inspector or Accountant, should go to the mediation or should be available by mobile phone if questions arise;

Looking at that the Defendant or the representative from the Defendant or the insurance company will have sufficient authority to stay the subject;

Considering whether your patient’s spouse or partner should also attend the mediation. Remember, some clients will not likely make the decision to settle a claim on their own but will discuss this with the spouse or partner. If perhaps the spouse or spouse is not present at the mediation, then this individual or she will not have seen the way the mediation progresses, and why there may have been movements;

Taking into consideration the agreement to mediate/mediation agreement;

Drafting a Mediation Position Statement. This should be marked “For the purposes of Mediation only. Without Prejudice and Confidential”. When drafting this, have regard to who the position paper has been written for. Is the real audience the other side/insurer rather than the schlichter or the solicitor/barrister on the other side? Perform remember that a position paper is not the same as the pleadings or a Court bones argument;

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