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List of Checklists

Checklist #1:  Process Selection

There are six key considerations when deciding what dispute resolution process to use.  The answers to the questions listed in this Checklist will point to the right dispute resolution process to use at this time.

Checklist #2:  Suitability for Mediation

A dispute may or may not be suitable for mediation at this time. This Checklist identifies criteria for suitability. It also indicates situations that may call for specialized procedural arrangements.

Checklist #3:  Public Interest Mediation Suitability

Some disputes involve criminal activities, children in need of protection or misdeeds by professionals.  The public has an interest in how these disputes are resolved.  Consequently, the issue of whether mediation is suitable is more complex than most other disputes.  This Checklist focuses on the special issues that arise when considering whether mediation is appropriate in conflicts where the public has an interest.

Checklist #4:  Identifying the Participants

At first blush who needs to be involved in a mediation seems straightforward.  However, who participates and the manner of their participation shapes the contents and the durability of settlements reached at mediation.  This Checklist helps you to identify who needs to participate.

Checklist #5:  Date & Duration

Whether you or an assistant is scheduling the mediation, the questions addressed in this Checklist will assist in selecting an effective date and length for the mediation meeting.

Checklist #6:  Location

Some locations will facilitate a productive meeting; others will unnecessarily complicate the meeting and frustrate the participants.  This Checklist will identify the location needs of you and the other participants.

Checklist #7:  Selecting the Mediator

There are occasions when you are choosing the mediator. By working through this Checklist, you can match your dispute to the mediator’s skills and abilities.

Checklist #8:  Dispute Analysis

Completing this Checklist will help lawyers and disputants prepare for mediation.  Reflecting on the answers will assist all involved to develop perspective as well as an approach that will lead to more productive discussions and satisfying resolutions.

Checklist #9:  Interests & Objectives

Use this Checklist to gain insight into what is motivating you, to make your best guess about what is motivating others who are involved in the dispute, and to brainstorm creative ways to meet all your objectives.

Checklist #10: Goals

What are your goals for the future? This checklist helps you identify your goals according to the type of conflict that you are involved in.

Checklist #11: Data and Information

You need information and data to make good decisions.  This Checklist helps you identify what you require.  As enduring outcomes are more likely when interests and objectives are applied to data and information, combine this Checklist with Checklist #9.

Checklist #12: Risk Analysis

What are the consequences of not settling your dispute? How will you know what a good settlement looks like? This Checklist assists you to gather the answers to these questions.

Checklist #13: Agreement to Mediate

In some places and for some disputes there are laws that govern your mediation.  They may even protect the confidentiality of the negotiations at the mediation.  When this is not the case, you need an Agreement to Mediate.  This Checklist helps you to select the terms of the Agreement to Mediate.

Checklist #14: Preliminary Conference

Preliminary conferences are pre-mediation meetings that are intended to enhance the process and the outcome of your mediation.  They may not be called for and each Preliminary Conference is unique.  This Checklist will assist attorneys and disputants to decide whether to request a Preliminary Conference and to design it with the mediator.

Please click here to register and you will gain access to the checklists.