Confidential Checklist
| Author | Stephen Walker/David Smith |
| Pages | 219-222 |
Page 219
Appendix 4
Confidential Checklist1
In order for mediation to be successful, you need to have discussed and considered with your client everything about the strengths and weaknesses of the case as well as the pros and cons of settling early. This can either be kept private or disclosed to the mediator if you think it would help the process. Key examples of information that should be considered are: cost implications, litigation risks, time restraints and mediation expectations.
Your case
List your evidence – witnesses, documents, reports, statements, etc.
1.
2.
3.
List damages:
1.
2.
3.
List your legal arguments concerning liability and damages:
Liability:
1.
2.
3.
Damages:
1.
2.
3.
1Reproduced by kind permission of ADR Group (www.adrgroup.co.uk).
Page 220
220 Advising and Representing Clients at Mediation
List your strengths and weaknesses and any mitigating circumstances:
Strengths:
1.
2.
3.
Weaknesses:
1.
2.
3.
...
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