Dallas Mediator: Conduct an Early Case Assessment
Dallas employment law mediator Keith Clouse stresses the value of conducting an early case assessment.
Dallas employment law mediator Keith Clouse stresses the value of resolving cases early in the litigation process. To do so, however, a party must conduct an early case assessment.
When a party conducts an early case assessment, the party hones in on the most important elements. An early case assessment requires a party to identify:
- the key issues in dispute;
- its business goals in pursuing the case;
- its best, worst, and most likely outcomes at trial;
- the opposing party’s goals in pursuing the case;
- the opposing party’s perspective;
- its legal risks in pursuing the case;
- its relationship and reputational risks in pursuing the case;
- the likelihood that it would face the opposing party or a related party in similar litigation in the future;
- the financial impact of the case on the party (financial exposure should the party lose; litigation costs; attorneys’ fees; operational loss of dedicating work time to pursuing the case);
- a preliminary settlement range;
- any information that is needed, whether from the party itself or the opposing party;
- projected costs and time required to attempt mediation.
.After conducting an early case assessment, a party should be prepared to negotiate in an informed manner and, hopefully, to resolve the case. This article is presented by the Dallas employment law mediators at Clouse Dunn LLP. To speak to an employment law mediator about the mediation process, send an email to email@example.com or call (214) 239-2705.