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Confidential Checklist

Document Cited in Related
Vincent
AuthorStephen Walker/David Smith
Pages219-222
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).

220 Advising and Representing Clients at Mediation

List your strengths and weaknesses and any mitigating circumstances:

Strengths:

1.

2.

3.

Weaknesses:

1.

2.

3.

Calculate your settlement range:

1. Would like to get

2. Would accept

3. Bottom line

4. Walkaway point

How did you value the case?

What elements are included, e.g. special damages, etc?

What is your best alternative to no agreement (BATNA)?

What is the worst outcome to no agreement (WATNA)?

How much will it cost to go to trial? £

How long will it take?

What are your chances of winning in court? %

What do the other side consider as their chance? %

What questions/line of argument do you want the mediator to put to the other side?

The other side’s case

List their key issues:

1.

2.

3.

List their evidence:

1.

2.

3.

Guess their probable arguments regarding:

Liabi...

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