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1. Select Mediator:

     a.   appropriate experience.
     b.   appropriate training.
     c.   appropriate methods.
     d.   fee schedule.
     e.   appropriate site.
     f.   conflict of interest check.
     g.   agreement of parties on mediator.

2. Confidential Pre-Mediation Papers for Mediator:

     a.   concise statement of issues and positions.
     b.   identify strengths and weaknesses.
     c.   provide timeline for case and for negotiations.
     d.   detail who will be present and their relationship to the case.
     e.   supplement as to appropriate "live" pleadings and case law.

3. Pre-Mediation Client Caucus:

     a.   explain mediation process.
     b.   review Pre-Mediation Papers.
     c.   explain possible benefits of mediation.
     d.   explore initial unrealistic positions and sensitive issues.
     e.   discuss authority to settle.
     f.   warn of possible multiple impasses.
     g.   review the strengths and weaknesses of case.

4. Order Referring to Mediation:

     a.   double check for confidentiality provisions.
     b.   allocate costs.
     c.   identify time, place and persons attending.
     d.   make certain that all persons with authority will attend.

5. Lawyer's Role

     a.   to persuade and negotiate.
     b.   to communicate and persuade.
     c.   to protect client.
     d.   to appear reasonable and calm -- in command and confident.

6. Lawyer's Opening Statement

     a.   introduce yourself -- humanize yourself.
     b.   introduce your clients -- humanize your clients.
     c.   acknowledge a belief in the process and your client's good faith.
     d.   express sympathy.
     e.   outline your position, the basis for your position, and areas of
          good faith disagreement.

7. Initial Caucus
     a.   identify the strengths and weaknesses of case -- discuss.
     b.   evaluate the expected outcome of your case.
     c.   discuss "the first credible offer" and when to make it.
     d.   discuss unanticipated elements or overlooked issues.
     e.   discuss initial expectations.

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