PREPARING FOR MEDIATION

1.                  Identify the strengths of your position.

2.                  Identify the weaknesses of the case -- consider what the other side will say in response to your projected strengths.

3.                  Identify information over which you have control and which you can present at trial.

4.                  Identify information over which you do not have control and issues which you must seek through further discovery.  

5.                  Consider the cost of engaging in further discovery and balance that with the likelihood of success at trial.

6.                  Estimate the range of probable outcomes in the event that the case goes to trial.

7.                  Estimate any litigation costs (both time and money) in the event that you continue to litigate.

8.                  Identify and list as many options as possible (other than money) that are available, projecting what the other party could do to satisfy your needs, wants and interests.

9.                  Identify and list as many options (other than money) as possible, theorizing what you could do to satisfy the interests of the opposing party.

10.              Prioritize the options, allowing room for flexibility.  

11.              Consider what you would like to see in terms of results and what you will take as your bottom line.

12.              Identify any offers that are "on the table"--identify the current settlement positions. At each step in the process, identify under what terms, if any, each party has expressed a willingness to settle.

13.              Do you have any feel for what the other side is willing to do at this time?  Speculate about terms under which you would be willing to settle the case.

14.              What are you willing to do if the other side adjusts its offer upward.

15.              Speculate about terms under which you would be willing to settle if you saw reciprocal movement by the other party.

16.              Prepare an opening statement that will be heard by the mediator and the opposing party.

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