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i <br /> '',. ' L . MANAGEMENT INC. <br /> 1660 Lincoln Street,Suite 2501 303/832-2090 <br /> Denver,Colorado 80264 Fax 303/832-2097 <br /> PREPARATION GUIDE <br /> Thank you for selecting us to mediate your dispute. Your case has been set at the time and place shown in the <br /> accompanying letter. <br /> Mediation is a voluntary,problem-solving process assisted by a neutral third party. The basic premise of <br /> mediation is that the parties involved in the dispute are best suited to resolve their dispute when assisted by a <br /> neutral party. Our experience is that mediations or settlement conferences facilitated by qualified mediators <br /> are immensely beneficial to all parties. <br /> Even if a total resolution of the dispute is not reached,mediation can help the parties by identifying the <br /> underlying reasons for the dispute,narrowing and clarifying the issues of the dispute and discovering areas of <br /> common ground where potential for agreement exists. Inmost cases when total settlement cannot be reached, <br /> issues are eliminated, discovery procedures are agreed upon, and generally there is a decreased stress level for <br /> the attorneys and the litigants. <br /> The following information should be helpful: <br /> I.PREPARATION FOR MEDIATION <br /> In order for the mediator to efficiently conduct the mediation,you need to: <br /> A.) Provide Documents <br /> As soon as possible,send Dispute Management Inc. a Confidential Settlement Statement and a copy of <br /> all relevantpleadings. Also send a copy of any critical piece of written evidence,such as the relevant <br /> portions of a contract or a report prepared by an expert witness. This gives the mediator an <br /> opportunity to become familiar with the case before the first meeting. The Confidential Settlement <br /> Statement should include: <br /> •A summary of the facts of the case, identifying any differences with the other party's version. <br /> •A summary of the claims and counterclaims. <br /> •A short statement of your theory of the case. <br /> •A summary of the major points of law to support your theory of the case. <br /> •An affirmative statement of what your client is willing to accept or give to settle the lawsuit. <br /> B.) Decision Maker <br /> Ensure that a decision maker attends the mediation. It is critical that an individual, with full authority <br /> to make decisions concerning this lawsuit, attend and be an active participant in the mediation. <br /> C.) Scheduling <br /> Scheduling meetings can sometimes be difficult because of the number of individuals involved Please <br /> make yourself available and encourage your client to cooperate insetting mediation meetings. Only <br /> ask to reschedule a mediation for very pressing conflicts. If the mediation must be canceled or <br /> rescheduled,please notify us as soon as possible. Promptness and preparedness greatly assists the <br /> mediation process. <br />