What should I do to prepare for mediation of my case?

 

What should I do to prepare for mediation of my case?

(Mediation Homework)

1) Exchanging Information

The exchange of information creates trust. What can we do to help the free flow of information?
1. What information would you like from the other side?
2. Is there any information that you would like the other side to consider?
3. Could the flow of information be improved and how?
4. What information received from others has not been provided to the other side?

2) Strengths and Weaknesses

Every claim has strengths and weakness. What are your?
1. In your matter what are the factual matters that will need to be resolved?
2. What are the weak points of your case?
3. What is the likely result if your matter were litigated?
4. What would it cost to litigate this case?
5. What will the other side settle for at this time?
6. What will you settle for at this time?

3) Risk Assessment

EVALUATING YOUR CASE INVOLVES ASSESSING YOUR RISK. HAVE YOU THOUGHT ABOUT THE RISK OF PROCEEDING TO TRIAL?
1. Why do you think the other side is not responding to your offer?
2. If you were a juror looking at this case objectively, what facts would you find most or least persuasive?
3. What is your percentage chance of losing if this case goes to trial?
4. How would it feel if you lost your case?
5. What is your biggest fear if your case does not settle?

4) Probing Realty

ARE MY EXPECTATIONS REALISTIC?
1. Why do you think the other side is not responding to your offer?
2. If you were a juror looking at this case objectively, what facts would you find most or least persuasive?
3. What is your percentage chance of losing if this case goes to trial?
4. How would it feel if you lost your case?
5. What is your biggest fear if your case does not settle