Confidential Mediation Questionnaire

HELP US HELP YOU RESOLVE YOUR CASE. To assist us in making your mediation as productive as possible, we ask that you complete this OPTIONAL Confidential Mediation Questionnaire, and provide us with as much of the following information as possible. Your responses let us know in advance more about your case, any special circumstances, and how you view the mediation process. This helps us both prepare for the mediation session, and guide the process during it.

If you prefer, you may print and use this as an outline, and submit this information in letter form or as part of a separate, confidential mediation brief; but please take care to provide as much of the information requested as possible. If certain issues or questions arise while completing this Questionnaire that you would like to discuss with the mediator in advance, we encourage you to call

     
 
Basic Information
 
     
 
1. What is the abbreviated case title or caption?
                                                                                                    Note: All text boxes expand as needed
 
a. What is the nature of the case?
b. In which court is the case pending?
c. What is the court case or action number?
d. How many parties are there?
 
2. Your name?
 
a. Firm name?
b. Address? City State Zip
c. Telephone?
d. E-mail?
 
3. Who do you represent?
 
a. What best describes their legal status in the case (e.g., plaintiff, defendant, etc.)?
b. What is their role in this case?
                                                                      (e.g., injured party, product manufacturer, employer, etc.)
 
Procedural Status and History of the Case
 
Describe for us where the case stands procedurally, and what has happened to date:
 
4. When was the case filed? Select Date
                                                 mm/dd/year
 
a. If there is an assigned judge, please provide their name:
 
5. Has the court set a date for completion of mediation? If “yes,” when? Select Date
                                                                                                                                           mm/dd/year
 
a. Has there been a previous mediation? If “yes,” when? Select Date
                                                                                                              mm/dd/year
 

i. If “yes,” who was the mediator?

 
6. Has the court set a trial date? If “yes,” when? Select Date
                                                                                                  mm/dd/year
 

i. Will this be a judge or jury trial?

 
7. Has there been any discovery completed?
 
a. If “yes,” please briefly describe what discovery has been completed,
    and what remains to be done:
 
b. Is discovery still open? If “yes,” when does discovery close? Select Date
                                                                                                                        mm/dd/year
 
8. Have any dispositive motions (e.g., motions for summary judgment, etc.) been filed?
 
a. Have any rulings on these motions been issued? If “yes,” when? Select Date
                                                                                                                                mm/dd/year
 
b. If “yes,” please briefly describe the rulings:
 
9. Has the court set a date for the next Case Management or Status Conference?
    If “yes,” when? Select Date
                                 mm/dd/year
 
10. Has the court set a date for a Mandatory Settlement Conference?
      If “yes,” when? Select Date
                                   mm/dd/year
 
Settlement Issues
 
Please indicate what has occurred as far as settlement, and any related issues:
 
11. If monetary damages are claimed, please describe each TYPE of damage and the corresponding AMOUNT
      in as much detail as possible:
 
12. If monetary damages are NOT claimed, please describe each TYPE of damage and the RELIEF SOUGHT
      in as much detail as possible:
 
13. Has your client made a settlement demand or offer?
 
a. If “yes,” what is your client’s CURRENT demand or offer?
 
14. Has a counter settlement demand or offer been made?
 
a. If “yes,” what is your client’s CURRENT demand or offer?
 
15. Is your client prepared to accept and act on your settlement and other recommendations
      (i.e., is there a “client control” issue)?
 
16. Is there insurance available for the damages alleged?
 
a. If “yes,” are the policy limits adequate?
 
b. If “yes,” what is the name of the insurer (or insurers, if excess insurance is involved)?
 
c. If “yes,” what is the total amount of insurance available?
 
d. Has any insurer issued a “reservation of rights”?
 
e. If “yes,” please briefly describe the basis for the “reservation of rights”:
 
17. If there is no insurance available for the damages alleged, or the insurance is not adequate,
      are there other resources or assets available?
 
a. If “yes,” please briefly describe the resources or assets:
 
18. Do the means for resolution include the possibility of a “structured settlement”?
 
a. If “yes,” have you discussed this possibility with your client?
 
b. If “yes,” have you discussed this possibility with opposing counsel?
 
c. If “yes,” will there be a “structured settlement” expert or advisor present at the mediation?
 
19. Are there any claims for indemnity?
 
a. If “yes,” by whom?
 
b. If “yes,” who is the claim for indemnity against?
 
c. If “yes,” is there a WRITTEN indemnity agreement?
 
20. Are there any liens or similar claims? If “yes,” what type?
 
a. Will the lien claimant be represented at the mediation?
 
21. Is there any other person or entity who has a financial or other interest in the resolution of this matter,
      and who is NOT a party?
 
a. If “yes,” who?
 
b. If “yes,” please briefly describe their interest?
 
22. Is there any other person or entity who will NOT be present at the mediation, and whose authority or agreement
      is necessary for a settlement?
 

a. If “yes,” who?

 
b. If “yes,” please briefly describe their interest?
 
The Mediation Session
 
Tell us how you view the mediation process, and how we can best help you resolve your case:
 
23. Do you prefer the mediator to:
 
a. act only as a neutral facilitator of communication between the parties, while providing no neutral evaluation,
   and let the parties and their representatives reach their own resolution, if possible?
 
OR
 
b. provide a private, independent evaluation of the party positions and exposures, while facilitating communication
    between the parties?
 
24. Do you prefer the mediator to:
 
a. communicate to other parties changes in positions, demands and offers,
    from separate meeting (caucus) sessions?
 

OR

 
b. let the parties exchange all changes in positions, demands and offers,
    in “face-to-face” meeting sessions?
 
25. Do you want the mediator to provide an independent evaluation of liability, value and settlement
      apportionment issues?
 
26. Do you want:
 
a. a joint mediation session to present your client’s case directly to the other parties and their counsel, and have
    an opportunity to assess their response, in addition to private caucus sessions with the mediator?
 
OR
 
b. private caucus sessions ONLY with the mediator, and NO joint mediation session to present your client’s case
    directly to the other parties and their counsel, and have an opportunity to assess their response?
 
27. Will you have any jury verdict research in your mediation brief, or available at the mediation,
      that supports your view of the case value?
 
28. If an impasse in negotiations is reached, do you want the mediator to offer a “mediator’s settlement proposal” to
      attempt to break that impasse?
 
 

By clicking on “Submit”, you will send this information to the mediator only, in the form of a CONFIDENTIAL E-mail.