Instructions:
Attorneys and their clients should take the time together to answer these questions before we begin negotiations. Your written answers will not be provided to the other party. They are confidential and inadmissible under the Confidentiality Agreement. The information you provide should be faxed or mailed to Jeff Krivis before the initial phone conference.
1. List every issue which might reasonably be disputed if this goes to court (verbal representations, contract language, damages, etc.).
2. Are there issues you already agree?
3. Where do you think you disagree most strongly?
4. In those areas where you disagree, is there any objective criteria you can suggest to develop a fair and constructive voluntary resolution?
5. From your perspective, what important understandings did you think you had when you originally got involved with the other party? (Time, money, allocation of risk, division of responsibilities, rights and duties, etc).
6. What important shifts in these understandings happened as the situation developed, and where do you think their perspective differs from yours?
7. In areas where you have sharply different perspectives, what evidence could you present that would be credible to the other party to help them see your view? (Written industry standards, notes, witnesses, etc).
8. What criteria will you use to determine when an agreement proposed in this case is "fair?"
9. How do you think the other party realistically views their chances of success in this case?
10. What do you think the other party views as a fair outcome in this case for both sides?
11. What other important information do you want the Mediator to know to fully understand the situation? This is information that you currently may not want to reveal to the other side.
