Specific Mediation Information for Attorneys

• Scheduling Complex Cases
• Discovery – Location, Electronic Materials, Review vs. Duplication, Publication
• Defining Issues
  • distill complex cases, eliminate trial preparation which will not advance key issues
• Confidentiality (no public records) is of primary concern to client
• A Stipulation of Facts for Trial Use is Best Procedure
• Settling High Risk or Lose/Lose Cases

1. Avoid high risk trials where winner takes all – adjudicated result has no potential middle ground
2. Potential positive outcome where litigation costs outweigh probable financial return for the client
3. Preservation of relationships where parties must (or want) to work together in the future
4. Allow business clients active involvement in the process and the result
5. Address non-legal issues which client deems of greater or equal importance than legal issues
6. Breaking impasses where counsel believe the case should settle
7. Test counsel’s or client’s perceived outcome of the case with neutral third party
8. Present case well where client is a bad witness or a key witness is unavailable
9. Use facts both sides “know” but cannot prove judicially
10. Create settlement options (inside and outside the precedent boundaries)

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