During the pre-mediation conference call, the following considerations will likely be discussed: when claims, counter claims, responses and statements of uncontested facts are due; when and where the hearing will take place; timing and parameters regarding discovery, witnesses and experts; how expert and other testimony will be presented; the timing of pre-hearing briefs; allocations of attorney fees and costs; the form of the award; and other items.
Judge Burke successfully mediated a complicated case with little chance of being resolved. He read every word of the parties' submissions, asked astute questions, and worked hard to find a path to resolution. Judge Burke communicated with the parties themselves - so that they felt they were important participants in working toward resolution. The case I thought was never going to settle, settled.
Robert W. Smyth, Jr., Esq.Donohue Brown Mathewson & Smyth
CALL ADR SYSTEMS
