New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

Keep your contact information up-to-date.

Trust your transactions to the only payment solution recommended by over 50 bar associations.
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - October 15, 2014


Alternative Dispute Resolution: A Mediatorís 10 Hints for Success

By:

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 mulveyw@mulveypa.com.

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

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer