mediation checklist ...
8. Private meeting(s) with the Mediator ('Caucus')
Tell the Mediator if you or your client have changed your initial position as a result of hearing the other parties' opening statements. Had you overlooked anything? Was there something expressed that you did not expect or could not have anticipated? Allow your client the opportunity to speak about this.
Go through the strengths and weaknesses of your case, and be prepared to discuss them.Give an objective appraisal of the other parties' cases.
Be prepared to provide the amount of your client's costs to date, and likely costs to trial.
Give an honest appraisal of the likely outcome if the case were to go to trial - remember that the other parties' lawyers will be doing just the same.
Do not express a 'bottom line' early on. It is highly unlikely that that is your bottom line, as the Mediator and everyone else well knows. It is better to discuss principles and issues before putting absolute figures on anything. Unless your position has changed following the opening statements discuss with the Mediator when a first offer might be made, and what its elements might be.
After the first meeting - does your client understand what is going on? Is your client content?
Explain again that the process may be long, that the Mediator is neutral, and that everything said is confidential.