Mediation works because it (1) brings the parties to the bargaining table; (2) educates the participants; and (3) lets the mediator work behind the scenes to develop a settlement.

Does the case have any of the following characteristics? If so, click in the appropriate boxes:

	1. It has been 3 months since the parties discussed settlement; or the case is over 2 years old.
	2. Your phone calls or letters to the other side go unanswered.
	3. The other side is not furnishing you with the information you need to discuss settlement.
	4. You/or the other side are having 'client control' problems -- 'I believe your settlement figure is in the ball park, but my client (or insured) will never accept it'.
	5. You're fairly sure that a lawsuit will soon be filed.
	6. The case is in litigation and a substantial round of discovery is coming up.
	7. The case is in litigation and it is time to begin preparing for trial.
	8. The case involves a large number of parties, and you are having trouble putting together a comprehensive, global settlement.
	9. The case involves co-defendants or co-plaintiffs who are unable to agree among themselves on settlement positions.
	10. One party to a case--or his/her attorney--is driving up everyone's litigation costs by engaging in unnecessary discovery or procedural maneuvers.
	11. You are handling numerous similar claims.
	12. The disputants in a case have an ongoing relationship--such as partners or other business associates--and you are concerned that the dispute--particularly litigation--will impair their ability to work together in the future.
	13. The case's settlement value is less than what it will cost you to take the case to trial.
	14. Your negotiations have broken down, and you are going to incur a substantial amount of expenses before the next round of negotiations would normally occur.
	15. While the stated offers and demands are far apart, your experience tells you that this case will settle.

United States Arbitration & Mediation obtains the parties' agreement to mediate, provides the mediator, schedules the mediation and can provide the venue. To submit a case, you simply contact the nearest USA&M office by e-mail, fax or telephone. You do not have to get the other parties to agree before sending the case, and we do not require any pleadings, briefs, or position papers at or prior to the mediation.

• Sample Mediation Clause
• Sample Agreement to Mediate
• Mediation Questions & Answers
• USAM Mediation Rules and Procedures
• Selecting Cases To Send To Mediation