Draft a Settlement Agreement “Simple solutions seldom are. It takes a very unusual mind to undertake analysis of the obvious.” ~Alfred North Whitehead Negotiation is stressful and strenuous, so drafting a mediated settlement agreement at 10:00 p.m. is a recipe for malpract
Plan Your Exit “Every exit is an entry somewhere else.” ~Tom Stoppard Planning for mediation must include not only preparation for the mediation but also final resolution planning; your exit strategy. Planning your Mediation Exit Strategy Remember that the decision belongs
Increase the Likelihood of Success through your Conduct “Nothing gives one so much advantage over another as to remain always cool and unruffled under all circumstances.” ~Thomas Jefferson When your client attempts to settle a case through mediation, your conduct is direct
Develop a Plan for Movement “Plans are nothing; planning is everything.” ~Dwight D. Eisenhower Why is it that bright trial lawyers who plan and prepare extensively for trial so often fail to plan for mediation? Often, trial planning is a result of long years of training an
Plan Your Mediation Presentation “I’m just preparing my impromptu remarks.” ~Winston Churchill Preparing your mediation presentation ensures that you have everything organized appropriately and in readily available. Proper preparation goes hand in hand with resolving
Know Your Mediator “Knowledge comes by eyes always open and working hands; and there is no knowledge that is not power.” ~Ralph Waldo Emerson Create a Partnership with your Mediator Investigate the mediator’s background, style and reputation for skill in helping part
Prepare Your Client for Mediation “To be prepared against surprise is to be trained. To be prepared for surprise is to be educated.” ~James Carse Know your Client Some clients are “Litigation Savvy Clients.” They may not believe that mediation works and conside
Thoroughly Analyze the Value of the Case “Price is what you pay. Value is what you get.” ~Warren Buffett While a case can be valued by determining the best, worst or most likely decision of a judge or jury, that “case value” is only one factor to be considered
Consider the Benefits of Mediation before Litigation “Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” ~Abraham Lincoln Resolving Di
When is the right time to mediate your dispute? Timing is everything and choosing a mediation date that will allow for the greatest opportunity for successful mediation is the key to deciding the right time to mediate your dispute. Timing is everything – Choose your mediation da