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Ten Tips to Help Make Your Mediation Successful - Estate Planning and Administration News

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Estate Planning and Administration News


Posted on: Jan 23, 2019

By Richard A. Mann, Mann Law PC

Looking for a quick list of tips and tricks to help make you succeed in your next mediation? Start here!

  1. Make sure you and your client are available the entire day on the date of mediation.
  2. Prepare your client to have realistic expectations.
  3. Prepare the mediator by providing him or her in advance with all facts the judge would need to make a decision. If there's not enough time to prepare a formal written statement, call or email the mediator.
  4. Prepare a mediation statement and distinguish between facts everyone involved knows and your confidential facts or strategy.
  5. Supply the mediator with a Word or WordPerfect document setting forth a global settlement covering all issues including documents the judge needs to sign to finalize your case and additionally, if necessary, release documents, new contracts and documents to make transfers.
  6. Have all discovery completed and exchanged.
  7. Have all documents showing values of bills, debts, and assets.
  8. Contact third parties, when necessary, to see if you can compromise or lower what they will take i.e. credit card companies, medical providers, etc.
  9. Make a settlement offer well in advance of mediation.
  10. Bring all the above to the mediation. Do all of the above at least 48 hours before mediation. 

If you would like to submit content or write an article for the Alternative Dispute Resolution Section, pleasde email Kara Sikorski at ksikorski@indybar.org.

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