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Planning. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation. What do you think is most valuable to the mediation process?

During each visit with the mediator, the parties discuss the amount of their demand or offer the settle, and the strengths and weaknesses highlighted by the other side. The goal is to keep reducing the plaintiff's demand, and increasing the defendant's offer, until they meet at some point.

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.

Mediation summaries offer a unique opportunity to craft precisely the message you wish to send the other side - without interruption, confident it will be read. A written summary designed to influence the decision making process on the other side can move the dispute a long way toward settlement.

Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. Provide a concise summary of the facts and claims. Summarize prior settlement discussions. Identify strengths and weaknesses. Bring it home.

Overview. Mediation report forms are used by courts to monitor what occurred in the mediation. Courts need to know whether and when the mediation occurred, what the outcome was, and what further steps will be taken by the parties (particularly who will be filing the stipulation).

A mediation or settlement conference is an informal negotiation processyou will not testify under oath or present witnesses. Instead, you and the insurance company will discuss the claim and make settlement offers with the help of a trained, neutral third party (the mediator).

This is a letter prepared by the respective parties and should be kept confidential. It should be factual so the third-party assisting in the settlement can help. It can also contain other important documents relevant to the case that outline a party's position.

In California, approximately 95% of civil cases settle out of court. Many of these settle at a mediation. Others settle outside of mediation. (Parties are always free to discuss settlement...

Delaware Mediation Conference Statement

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