Preparing For The Mediation Session
Providing David with an overview of the dispute is extremely helpful in preparing for the mediation session. This can include:
- A description of the factual issues
- A detailed description of damage claims.
- The latest offers and demands exchanged by the parties
- Any special requests regarding the mediation process.
- Identify what the parties perceive to be any barriers which they have encountered to settling the dispute in the past
- List three ideas which the parties would propose for overcoming the perceived obstacles to settlement
- Documentary evidence deemed important to a party's position should also be provided with the briefs or statements.
Before the mediation conference, please consider the following:
- What are you intending by your opening offer or demand?
- Why would the other parties be interested in this proposal?
- What do you think the other parties are prepared to give or accept?
- What is your best- and worst-case scenarios if the case is fully?