Preparation Tips For Mediation

Very good preparation before the mediation by the legal representatives and the parties can raise the odds of the parties moving their dispute at the mediation. What should such preparation include?

Such planning may include: arapahoe county mediation

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

Deciding whether further data will probably be needed before the mediation. As an 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 availability 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 phone if questions arise;

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

Considering whether your company’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. In the event that 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;

Thinking about 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 ombud (fachsprachlich) or the solicitor/barrister on the other side? Carry out remember that a position paper is not the same as the pleadings or a Court skeletal frame argument;