Tips For A Successful Mediation

There are no hard and fast rules for mediation, but you should prepare in the same way as you would for any other legal proceeding. Ideally, please provide us with:

A short and concise mediation statement. It should address:

  1. Bench, jury trial or arbitration?
  2. Venue and the judge or arbitrator.
  3. Procedural history of the case, including discovery deadlines and trial date, if any.
  4. The claims and defenses of the parties.
  5. The evidence supporting or contradicting those claims and defenses.
  6. Discovery disputes or other legal issues that could affect the outcome.
  7. Any non-legal issues bearing on settlement.
  8. Insurance coverage, if any.
  9. History of settlement discussions, if any.

Relevant documents, such as:

  1. Copies of the complaint, counterclaims, answer and other operative pleadings.
  2. Key documentary evidence, discovery responses and deposition testimony.
  3. Copies of essential cases, statutes and/or regulations.
  4. Any important orders or briefs on pending motions.

Please send all materials in pdf format by e-mail. Do not send hard copies unless we ask for them. We need your materials at least three full business days before the mediation.

All parties should come prepared to discuss their costs and fees to date, estimated costs and fees remaining through discovery, and estimated costs and fees of trial. The parties should also be prepared to candidly assess their best and worst-case outcomes.

You should call us if there is anything you want to discuss privately in advance of the mediation. Your submissions and other communications are kept strictly confidential unless you choose to share them. Working together, we will get your case settled!