EFFECTIVELY PREPARING YOUR MEDIATOR AND CLIENT TO SETTLE YOUR CASE

April 13 2020

Prepared by Ellen Leesfield For 2017 Windstorm Conference

A. Communicate with the Mediator.

1. Provide mediator with a summary of the case (include
details/estimates/photos) and of the factual and legal
issues you expect will arise.

2. Have a conversation: Are there any unique aspects to the case?
Are there things you want to say, but not put in writing?
(Good mediators will reach out, but if they don’t, call them.)

B. Identify “back story” or sensitive issues in the above conversation.

1. Do either Counsel have “client control” issues?
(Homeowners and condo boards can present unique issues)

2. Vet any unique components of the case a mediator will want to
think about or learn about ahead of time. eg “delamination of
windows”, use of “Permaliner” vs. total re-structuring of system.

3. Are there experts? Admissibility and credibility issues? Insurance
policy limits? Prevailing party issues? CLUE YOUR MEDIATIOR IN.

C. Authority and the “Elephant in the Room” (see article).

1. Condo Association Boards present unique authority challenges.

2. Are the Husband and Wife both coming to the mediation?

3. Does the presence or input of Adult children matter?

4. Make sure all affected parties are identified (not just the named
parties).

EFFECTIVELY PREPARING YOUR MEDIATOR AND CLIENT TO SETTLE YOUR CASE