1.      Are the parties concerned about a fast and inexpensive way to resolve their conflict: 

   a)___ yes, it is important to all 

   b)___ at least one party seems to be intent on delaying resolution

2.      Is confidentiality an important concern:

    a)___ yes

    b)___ not really, at least one party believes an adjudicated outcome will offer some immediate clout or long term advantage

3.      Is the on-going relationship of the parties valuable to them:

    a)___ yes

    b)___ no

4.      Does the jurisdiction in which the case in controversy is pending:

    a)___ have some form of ADR mandate

    b)___ have no preference for ADR

5.      Would a non-binding assessment from a neutral assist in breaking any impasse:

    a)___ yes

    b)___ no

6.      Do the parties involved in this conflict:

    a)___ have the authority and resolve to settle it

    b)___ fear that any settlement would be ridiculed or rejected by their supervisors or peers

7.      What are the full and total costs of litigation compared with realistic expectations of the outcome:

    a)___ much larger

    b)___ small, considering what’s at stake

8.      Are there several parties to the controversy, which could increase time and cost factors:

    a)___ yes

    b)___ no

 9.      Are the issues in this matter:

    a)___ complex and technical

    b)___ relatively straight-forward and easy

 10.  Are the core issues to the dispute a question of fact:

    a)___ where believability of the witness is not critical

    b)___ that can turn on the question of credibility

11.  Is there anything any party can offer as an inducement to continuing negotiations for settlement:

    a)___ yes

    b)___ no

12.  Are the parties willing to risk divided recovery where they may get something they want but not necessarily need:

    a)___ yes

    b)___ no

13.  Are the parties willing to control the outcome and avoid risks associated with an adverse judgment:

    a)___ yes

    b)___ no

14.  Do the parties desire a negotiated outcome rather than a winner-take-all approach to damages:

    a)___ yes

    b)___ no

15.  Is one or more party interested in inflicting pain or gaining perceived vindication:

    a)___ little or no interest to all parties

    b)___ very important for at least one

 16.  At this time the prevailing mood of all parties is:

    a)___ objective but not totally detached

    b)___ contempt, distrust, with hostility

17.  Does this case require a review for legal precedent, injunctive relief, or interpretation of precise legal language:

    a)___ no

    b)___ yes

18.  Your realistic views of the outcome at trial or other binding adjudication:

    a)___ not sure

    b)___ a win … no doubt about it

19.  A series of claims may flow from the same fact pattern. Is there any concern for repeating, multiple claims should a ruling go against you:

    a)___ would rather not establish a precedent

    b)___ will take it as it comes

 20.  Is there any impending risk to the parties regarding reputation (corporate or personal), administrative oversight, public or personal rejection, or other damaging consequences:

    a)___ yes, and it is a concern

    b)___ yes, and it doesn’t matter

SURVEY RESULTS:

___________ (a) responses

___________ (b) responses

If you have more (a) responses, you should consider submitting the dispute to mediation. A preponderance of (b) answers suggests the timing is not appropriate for a mediated settlement or the case should proceed through the litigation process.

Responses to some questions will change as the case develops or the litigation proceeds. The appropriateness of a mediated resolution will depend on many factors, some not considered in this instrument. Nevertheless, mediation may be utilized at any time for resolution of the entire matter or pertinent parts, as the parties wish.