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Bar News - October 15, 2014

Alternative Dispute Resolution: A Mediatorís 10 Hints for Success


1. Exchange all relevant documents well in advance of the mediation session so that parties and counsel can properly evaluate all aspects of the case.

2. Exchange expert reports, if available, well in advance of the mediation session;

3. Obtain all lien, subrogation and/or repayment figures at least two weeks prior to the Mediation Session and with respect to Medicare/CMS procure both a conditional payment letter and a printout of Medicare payments.

4. Insist that the true decision makers for all parties be present.

5. Lienholders and those with subrogation rights must agree to be available by phone, or, preferably in person.

6. Communicate in writing with all counsel who will be present at least two weeks in advance of the mediation session.

7. Agree on a date, at least five (5) days prior to the mediation session to exchange mediation memos and supporting documentation (if not previously shared).

8. At the mediation session speak with and not at the opposing side(s) and explain why the jury/judge will not accept points made by your adversaries.

9. At the mediation session, never be fearful of signaling your clientís true settlement goals.

10. Document the settlement, bring a settlement document or release agreement to the mediation session.

William A. Mulvey Jr,. of the Mulvey, Cornell & Mulvey Professional Association in Portsmouth, may be reached at (603)431-1333 or by email at

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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