Case prep 3

Andrew Fraley Ltd.

Mediation

Case preparation p3

Phone: +44 1275 855992

Fax: +44 1275 859080

E-mail: andrew@andrew-fraley.com

The opening session. [optional]

After his own opening remarks, the mediator may sometimes ask each side to make a short opening statement – usually 4-5 minutes – explaining the current position, alternatively the mediator may outline his understanding of the current position and check with you that this understanding is correct. If you have decided to make an opening statement, prepare it before the session. Your statement might include the following:

Introduce yourself and perhaps indicate that it is your wish to work towards a settlement. (This gives a very positive impression.)

Go over the facts of the case. If the other side has gone first, indicate any agreement or disagreement with their statement of facts.

Explain your analysis of liability and damages based on the facts of the case.

Be realistic. While you want to present your case in the most favourable way by emphasising your strengths, do not ignore any weaknesses.

Avoid specific settlement figures and emotive language.

Miscellaneous preparation.

Confirm the time and location of the session, and be on time. Arriving late sends the wrong message.

If the case settles before the mediation, please contact the mediator.

Take your files, copies of any documents you plan to give the mediator and the other side, and writing materials. Consider making graphs, charts, or summaries to help make your points.

Prepare an opening statement if needed.

Calculate within what range would you like to settle this case. What offers/demands could you make that might get you to your settlement range?

Remember the mediation is scheduled for three hours so be prepared to help the mediator assist you in reaching settlement.

If you need any help, please do not hesitate to ask the mediator.