Is Mediation right for your problem?

Answer these questions as truthfully as you can
1. Is the dispute over more than just money?
Yes
No

2. Is the dispute primarily over dividing assets or income between the parties?
Yes
No

3. Are there potential trade-offs?
Yes
No

4. Do you require a remedy that is non-monetary or one a court cannot order?
Yes
No

5. Does the conflict arise from a communication breakdown, an error in judgment or poor performance?
Yes
No

6.Is a speedy resolution of the dispute important to you?
Yes
No

7. Are there external pressures on you or client to settle quickly?
Yes
No

8. Are there other external pressures on the other side to settle quickly?
Yes
No

9. Are there tactical advantages in proceeding quickly to settlement discussions?
Yes
No

10. Do you need or want to maintain a relationship with the other side?
Yes
No

11. Would you perform well in mediation?
Yes
No

12. Do you have a better alternative solution to one ordered by a court?
Yes
No

13. Can you deal with contested facts at this stage of the dispute?
Yes
No

14. Is it important to you that the matter be resolved confidentially?
Yes
No

15. Is a public precedent unimportant to you?
Yes
No

16. Are the parties relatively equal in terms of resources including the ability to stay the distance to trial?
Yes
No

17. Will the other side bargain in “good faith”?
Yes
No

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