"Another Way"
Sunrise Mediation
Rebecca H. Hiers

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Is Mediation Right for My Situation?

Attorneys
 

Mediation


What is Mediation?


Why Mediate?


Frequently Asked Questions


Is Mediation Right
for My Situation? 

 

1.    What alternatives does your client have, other than mediation, for resolving this dispute? 



2.    Has a misunderstanding or a break-down in communication played any role in this dispute? 



3.    Does the dispute involve technical, scientific, or other complex issues, and is communication therefore part of the problem? 



4.    Does the dispute involve different cultural perspectives, and is communication therefore part of the problem? 



5.    How well does your client understand your perspectives and advice regarding the legal aspects of this dispute?  



6.    Do emotions appear to be interfering with rational decision-making for your client?



7.    Is the other Party someone your client will interact with in the future?  How important is it to your client to have a positive working relationship with the other Party after resolving the legal dispute?



8.    How is this dispute likely to affect your client's business? 



9.  What effect is this on-going dispute having on your client's health, finances, relationships, outlook on life, etc.? 



10.    What effect is this on-going dispute having on those who are close to your client (your client's family, friends, and community)? 



11.    How long do you believe that it likely will be before this dispute will reach final resolution if you don't use mediation? 



12.    Have negotiations to this point increased or decreased the level of hostility between the Parties? 



13.    Are court back-logs causing long delays in your jurisdiction, and would your client be interested in a process that might help them find resolution on a schedule that more closely fits their needs? 



14.    Is the amount of money in question in this dispute so small that the court costs likely would exceed any damage award, and are you willing to help this potential client on a limited representation basis (providing advice regarding legal rights during the mediation, but not committing to represent in litigation)? 



15.    If the Parties were to settle "on the courthouse steps," how likely is it that your client later on would question whether they made a wise decision under these pressured conditions?



16.    If you litigate this dispute and if your client "wins" in court on all of the legal aspects of this dispute, will this dispute really be over, and will your client feel fully satisfied? 



17.    If your client prevails in court, is the other side likely to appeal?



18.    If your client loses in court, is your client likely to want to appeal? 



19.    Have you discussed with your client how long you believe that it likely will take to resolve this dispute in court?  Did your time estimate include possible appeals? 



20.    How much money is your client willing to spend to pursue resolving this dispute? 



21.    How does your client feel about allowing another person (Judge, Administrative Law Judge, Arbitrator, other) to make this important final decision? 



22.    How important is it to your client that they address this dispute privately, rather than in a public forum? 



23.    Does your client want to set a legal precedent on this issue, and therefore want a formal ruling from a court? 



24.    Do emotions appear to be interfering with rational decision-making for the other Party (or Parties)?



25.    Does your client feel that his or her perspective has been heard and understood? 



26.    Does your client want to apologize to the other Party; but you are concerned that such a statement made in a non-privileged forum, such as within ordinary negotiations, might be considered an admission against interest that later could be introduced as evidence against your client in court? 



27.    Does your client want to express forgiveness to the other Party; but you are concerned that such statements made in a non-privileged forum, such as within ordinary negotiations, might be considered an admission against interest that later could be introduced as evidence against your client in court? 



28.    Are there issues here that are important to your client beyond just the legal issues?



29.    Is there something that your client wants to say to the other Party, but has not been given the opportunity to do so because it is not relevant to the legal aspects of this dispute? 



30.    Where would your client prefer to focus most of their energy and financial resources?  On the past, and trying to prove who did what?  Or on the future, and planning where to go from here? 



31.     Is your client willing to commit the time, effort, and resources necessary to participate fully and effectively in a mediation process? 



32.    Is your client willing to sit down face-to-face with the other Party (or Parties) to try to resolve this dispute? 



33.    Have you spoken with the Attorney (or Attorneys) representing the other Party (or Parties) about using mediation?



34.  Is the other Party (or are the other Parties) willing to participate in mediation? 



 
   
 
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   Pendleton, OR  97801
Sunrise Mediation 541-276-4000
rh@sunrisemediation.com