Case prep

Andrew Fraley Ltd.

Mediation

Case preparation

Phone: +44 1275 855992

Fax: +44 1275 859080

E-mail: andrew@andrew-fraley.com

Mediated Settlement Conference [MSC] preparation notes.

The purpose of the MSC is to try and find the specific agreement which is acceptable to all parties, and which settles the dispute. The most common reason for failing is that one or other or both of the parties has failed to prepare sufficiently.

The MSC involves a discussion of the case – not a presentation of evidence as occurs in a trial or in Arbitration. Preparation is therefore much easier as it is not necessary to organise witnesses or evidence and there are no formal preliminaries.

The MSC is scheduled for three hours so it is very important that you come prepared to negotiate effectively. The mediator will have talked with you prior to the session, in confidence, and you will probably have briefed the mediator on the background to the dispute as well as the current position. The mediator will also ask you to decide how you would like to see the case settled and how that settlement could be achieved.

The following points are designed to help you prepare your case and present it at the mediation session:

Know your case.

Confirm that you have all the information necessary to evaluate the case. If something is missing or you need further information from the other party please contact the mediator immediately.

List the facts. You will be discussing them at the conference.

Identify and analyse the important and/or contested legal issues involved.

List the strengths and weaknesses of your case and, if you can, of the other sides as well. You will want the mediator to develop tough questions to ask the other side.

Confirm that all necessary parties will be present, a case cannot settle otherwise. [See section on authority]

Ensure you have details or estimates of costs.

Avoid putting limitations on the mediation process. Keep an open mind. No one can force you to offer or accept any settlement.