Detailed List of Preparatory Questions


  • What are the strong points of my case?
  • What are the weak points of my case?
  • What are the strong points of the other party's case?
  • What are the weak points of the other party's case?
  • How can I convince the other party of the correctness of my arguments?
  • What considerations compel me to settle?
  • What considerations compel the other party to settle?
  • What reasons have I not to settle?
  • What reasons does the other party have not to settle?
  • If the case is decided by a court what are the best and worst possible outcomes for me?
  • If the case is decided by a court, what are the best and worst possible outcomes for the other party?
  • What is the most likely outcome if the case is decided by a court?
  • What certainty is there as to the most likely outcome if the case is decided by a court?
  • What are the risks of going to court?
  • Why has the dispute not already been settled?
  • What are the obstacles to settlement and how might I overcome them?
  • What possible settlement options are open to me and the other party to resolve the dispute?
  • What are the fears and concerns of the other party?
  • How might I address those fears and concerns?
  • What can I offer or propose to the other party in order to achieve settlement?
  • What is the least favourable outcome the other party might accept?
  • What are my fears and concerns?
  • How might the other party address those fears and concerns?
  • What might the other party offer or propose to me in order to achieve settlement?
  • What is the best possible outcome I could achieve in the mediation?
  • What is the most likely outcome of the mediation?
  • What is the least favourable outcome I could accept?
  • What are my likely legal costs if the case has to be decided by a court?
  • What are my likely legal costs if the case goes on appeal?
  • What are the consequences for me of the dispute not settling?
  • What are the consequences for others about who I am concerned, of the dispute not settling?
  • What are the consequences for the other party of the dispute not settling?
  • How keen am I to settle?
  • How keen is the other party to settle?
  • How sure can I be about that?
  • What further information would it be helpful for me to have before the mediation commences?

 

See also:  

Mediation tips