Forms > Claimant Pre-Mediation List
Claimant's Counsel Pre-Mediation Checklist
Claimant’s Counsel -- Pre-mediation Checklist
1. Claimant (Client) __Obtain client’s approval to mediate __Assess the case and advise client of the comparative benefits of litigation, settlement or mediation __Discuss advantages and benefits of mediation __If you have been retained solely to assist client with mediation, finalize the attorney-client contract or letter of agreement outlining the scope of legal services to be provided __Notify client of date, time and place of mediation __Schedule conference with client to explain mediation and review strategy and settlement parameters __Prioritize client’s issues according to his needs __What is most important __What is least important __Identify and analyze client’s expectations on settlement __Determine bottom line settlement authority __Secure specific settlement authority from client if client unable to attend mediation __Determine who is or is not to be present during mediation __Identify any person(s) client wishes to consult with before final settlement __Insure attendance of such person
2. Opposing Party __Coordinate with opposing party regarding selection of mediator __If the mediator has been selected by the court, determine the need for filing an objection to the referral __Discuss who is or is not to be present during mediation __Determine payment of mediation costs __Finalize mediation agreement 3. Other Necessary Parties __Insure all parties necessary for a final and lasting settlement have been identified and included in the mediation process
4. Mediator __Verify date, time and place __Review any written correspondence received from mediator and respond accordingly __Identify documents/information desired by mediator prior to mediation __Identify and prioritize issues forming the basis of the dispute __Prioritize client’s issues according to his needs __What is most important __What is least important __Identify relevant factual disputes that would be submitted to jury if case not settled at upcoming mediation __Consider legal issue that need to be briefed __Identify potential strengths and weaknesses of your claim __Prepare to support your claim __Identify potential strengths and weaknesses of opponent’s position __Consider options if case not settled at mediation __Identify additional investigation or discovery helpful before mediation __Determine parameters of disclosure of information to other party during mediation
6. Previous Offers of Settlement __Evaluate settlement negotiation history of claim __Prepare to explain at the mediation your rejection of any previous offers
7. Settlement Options __Calculate case expenses and subrogation claims to date and fee arrangement with client to determine net recovery of client in the event of offer of settlement __Determine client’s settlement expectations and goals __Determine bottom line monetary recovery needs __Consider possible non-monetary relief or remedies available through mediation __Consider possible needs of the opponent which might be able to be satisfied __Consider seeking agreement at mediation of involving third party expert for opinion (e.g. appraiser, physician, economist, accountant) __Determine other settlement options if mediation unsuccessful __Evaluate litigation alternatives if mediation unsuccessful
8. Opening Statement __Prepare claimant’s opening statement __Identify and prepare needed exhibits
9. Settlement Agreement __Draft proposed settlement agreement or a checklist of provisions to be included
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