"What is involved in gathering data for mediation?"

Data gathering can be complex and multi-faceted. It includes the following tasks:

• Identifying what data, which documents and what expert reports or opinions are needed to make decisions;
• Seeking information to prove or disprove assumptions;
• Obtaining necessary documents, such as tables, books of account, financial statements, accident reports, engineering reports and so forth;
• Organizing and making the appropriate number of copies of the information;
• Exchanging data and information among the disputants and their lawyers;
• Requesting missing data, documents or expert reports in the possession of the other disputant or lawyer;
• Exchanging summaries of cases and witness statements;
• Verifying the accuracy of information;
• Developing ways to deal with uncertain, contradictory or missing information;
• Seeking agreement on facts;
• Clarifying disagreements on facts; and
• Quantifying the legal fees and expenses incurred to the date of the mediation and the projected costs of not settling at mediation.

Addressing these tasks facilitates problem solving at the joint mediation meeting by minimizing the chances of adjournments and unproductive meetings because the disputants have identified, organized and brought to the mediation the data and documents that they need to make decisions.