ADR & Mediation

Topics for Pre-Mediation Telephone Conference Calls

By Charles P. Bauer*

1. Confirm date, place & time - any time/travel constraints

  • Special needs - accommodations, etc.

2. Who will be present at the mediation - decision makers - attend, telephone, Skype.

  • Authority to settle - will the adjuster be present or not
  • Experts

3. Coverage

  • Reservation of Rights/Coverage disputes / limits
  • Consent
  • Deductibles

4. Mediation style - Joint session with breakout sessions - or waiver of joint session

5. Status of litigation: - trial date

  • pending motions - discovery disputes
  • depositions - interrogatories
  • court and judge

6. Any additional information needed before mediation

7. Parties - personalities - need to know

8. Demand - Offer

9. Liability issues:

  • Theory of law - various counts
  • Comparative negligence - third-party defendants
  • DeBenedetto defendants
  • Experts
  • Facts - how, why, where, who, what, when

10. Damage issues:

  • Physical - medical bills
  • Economic - past, present, future - lost wages
  • Emotional damage
  • Theory of damages - law
  • Lienholders
  • Experts

11. Technology - PowerPoint - day in the life film, etc.

12. MOU - Settlement Agreement and Release - exchange now - taxes/special documents - W9 for settlement

13. Other

* Charles P. Bauer is licensed to practice in New Hampshire.

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Charlie Bauer
You may contact
Charlie Bauer at 603-545-3651.

See also:
Employment Mediation Best Practices