The purpose of these questions is to help you prepare for the upcoming ADR process by getting you to think broadly, and perhaps differently and more constructively, about the dispute in which you are involved. Please give these questions serious, private consideration. Although you will not be asked to answer these specific questions at the ADR session, some of these issues may be discussed. Certainly, you are free to bring them up at the ADR session.
- As you think about the dispute, what is the heart of the matter for you?
- What is at stake for you in this litigation?
- What are the factors that are informing your decisionmaking about settlement and any specific proposals that are being negotiated?
- Assuming anything is possible, what would you like to talk about at the mediation? What do you think the other side wants to discuss?
- What factors beyond the control of the parties to the case may have contributed to the dispute?
- How do you think the events that gave rise to the dispute look to the other side? What might you have done in their shoes? What would help you understand their perspective better?
- What are all of the foreseeable consequences, financial and otherwise, of proceeding with the litigation and having it end favorably to you? Unfavorably?
- What are the advantages to you to have the dispute resolved at the mediation (or sooner)?
- What nonmonetary elements might be included in a settlement that would have value to you? To the other side?