1. What is the abbreviated case title or caption?
Note: All text boxes expand as needed
a. What is the nature of the case?
Select
Breach of Contract
Business Torts
Civil Rights
Defamation
Directors and Officers Liability
Discrimination
E-Commerce Issues
Employment
Employment: Wrongful Termination
Environmental and Toxic Exposure
ERISA
Fraud & Misrepresentation
Governmental Liability
Insurance Coverage and “Bad Faith”
Intellectual Property
Invasion of Privacy
Partnership Disputes/Dissolution
Personal Injury
Products Liability
Professional Liability
Property Damage
Real Estate
Securities
Sexual Harassment
Trade Secrets
Wrongful Death
OTHER
b. In which court is the case pending?
Select
NOT FILED
Alameda County Superior Court
Butte County, California, Superior Court
Los Angeles County Superior Court
Marin County Superior Court
Monterey County Superior Court
Napa County Superior Court
Orange County Superior Court
Placer County, California, Superior Court
Riverside County, California, Superior Court
Sacramento County Superior Court
San Bernardino County Superior Court
San Diego County Superior Court
San Francisco County Superior Court
San Mateo County Superior Court
Santa Clara County Superior Court
Santa Cruz County Superior Court
Sonoma County Superior Court
Stanislaus County, California, Superior Court
U. S. District Court, San Francisco
U. S. District Court, San Jose
U. S. District Court, Oakland
OTHER
c. What is the court case or action number?
d. How many parties are there?
- -
2
3
4
5
6
7
8
9
10
2. Your name?
a. Firm name?
b. Address?
City
State
Select
AL
AK
AZ
AR
CA
CO
CT
DE
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
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.)?
Select
Plaintiff(s)
Defendant(s)
Defendant(s) +
Cross-Complainant(s)
Cross-Complainant(s) +
Cross-Defendant(s)
Cross-Defendant(s) +
Intervenor(s)
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?
Select
Yes
No
Unknown
If “yes,” when?
Select Date
mm/dd/year
a. Has there been a previous mediation?
Select
Yes
No
If “yes,” when?
Select Date
mm/dd/year
i. If “yes,” who was the mediator?
6. Has the court set a trial date?
Select
Yes
No
If “yes,” when?
Select Date
mm/dd/year
i. Will this be a judge or jury trial?
Select
Judge
Jury
7. Has there been any discovery completed?
Select
Yes
No
a. If “yes,” please briefly describe what discovery has been completed,
and what remains to be done:
b. Is discovery still open?
Select
Yes
No
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?
Select
Yes
No
a. Have any rulings on these motions been issued?
Select
Yes
No
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?
Select
Yes
No
Unknown
If “yes,” when?
Select Date
mm/dd/year
10. Has the court set a date for a Mandatory Settlement Conference?
Select
Yes
No
Unknown
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?
Select
Yes
No
a. If “yes,” what is your client’s CURRENT demand or offer?
14. Has a counter settlement demand or offer been made?
Select
Yes
No
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)?
Select
Yes
No
Unknown
16. Is there insurance available for the damages alleged?
Select
Yes
No
Unknown
a. If “yes,” are the policy limits adequate?
Select
Yes
No
Unknown
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”?
Select
Yes
No
Unknown
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?
Select
Yes
No
Unknown
a. If “yes,” please briefly describe the resources or assets:
18. Do the means for resolution include the possibility of a “structured settlement”?
Select
Yes
No
Unknown
a. If “yes,” have you discussed this possibility with your client?
Select
Yes
No
b. If “yes,” have you discussed this possibility with opposing counsel?
Select
Yes
No
c. If “yes,” will there be a “structured settlement” expert or advisor present at the mediation?
Select
Yes
No
Unknown
19. Are there any claims for indemnity?
Select
Yes
No
Unknown
a. If “yes,” by whom?
b. If “yes,” who is the claim for indemnity against?
c. If “yes,” is there a WRITTEN indemnity agreement?
Select
Yes
No
Unknown
20. Are there any liens or similar claims?
Select
Yes
No
Unknown
If “yes,” what type?
Select
Workers’ Compensation
Disability Insurance
Medical
Legal
Other
a. Will the lien claimant be represented at the mediation?
Select
Yes
No
Unknown
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?
Select
Yes
No
Unknown
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?
Select
Yes
No
Unknown
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?
Select
Yes
No
Unsure
OR
b. provide a private, independent evaluation of the party positions and exposures, while facilitating communication
between the parties?
Select
Yes
No
Unsure
24. Do you prefer the mediator to:
a. communicate to other parties changes in positions, demands and offers,
from separate meeting (caucus) sessions?
Select
Yes
No
Unsure
OR
b. let the parties exchange all changes in positions, demands and offers,
in “face-to-face” meeting sessions?
Select
Yes
No
Unsure
25. Do you want the mediator to provide an independent evaluation of liability, value and settlement
apportionment issues?
Select
Yes
No
Unsure
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?
Select
Yes
No
Unsure
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?
Select
Yes
No
Unsure
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?
Select
Yes
No
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?
Select
Yes
No
Unsure
By clicking on “Submit”, you will send this information to the mediator only, in the form of a CONFIDENTIAL E-mail.