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Introduction to Mediation Checklist


By Michael Geigerman & Kevin Frank
Kevin is a third year law student at Washington University School of Law.

This edition of BEST PRACTICE is devoted to assisting the attorney in preparing for the mediation. The importance of proper preparation prior to the mediation cannot be stressed enough. One cannot expect to simply show up and hammer out a settlement without doing the groundwork. Like so many things in life, what you get out of your mediation will be directly proportional to the effort expended. To lay the foundation for a successful mediation, counsel needs to be familiar with the factual and legal issues that frame the dispute. Counsel also needs to make sure that all relevant resources are at his/her fingertip when the mediation begins.

While every case will have unique aspects, The “Mediation Checklist” can be used as a guide for the entire mediation process. The checklist divides the mediation into six parts, starting with site-selection and concluding with post-mediation wrap-up. The Mediation Checklist may be downloaded and modified to custom fit your needs.

The first section concerns location and participants. In this section counsel can anticipate the needs of the client and the specifics of the mediation venue. All of the pertinent data regarding the participants will be available in one place.

The second and third sections of the checklist will help the user prepare their own arguments and identify issues that the other side may raise. Identifying and preparing for issues before they are raised will pay dividends by making the client feel comfortable and the other side mindful of the seriousness with which you take the case.

The fourth section deals with settlement considerations. This section is intended to assist counsel in evaluating the case as well as determining what the anticipated costs of trial and likely damage verdicts might be. Counsel would be well advised to evaluate both monetary and non-monetary concerns. This section reminds counsel to discuss with the client both settlement authority and the anticipated first offer and or demand to be made.

The fifth and sixth sections deal with the actual mediation and post mediation issues. Keep a journal of the mediation proceedings and the offers and demands to determine trends and where the other party is heading. In the event that the mediation fails, the journal will help counsel identify key issues that may come up at trial and positions that need additional work before trial.


Example of checklist in HTML
Download checklist in MS Excel format

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