2. Is the dispute primarily over dividing assets or income between the parties? Yes No
3. Are there potential trade-offs? Yes No
4. Do you require a remedy that is non-monetary or one a court cannot order? Yes No
5. Does the conflict arise from a communication breakdown, an error in judgment or poor performance? Yes No
6.Is a speedy resolution of the dispute important to you? Yes No
7. Are there external pressures on you or client to settle quickly? Yes No
8. Are there other external pressures on the other side to settle quickly? Yes No
9. Are there tactical advantages in proceeding quickly to settlement discussions? Yes No
10. Do you need or want to maintain a relationship with the other side? Yes No
11. Would you perform well in mediation? Yes No
12. Do you have a better alternative solution to one ordered by a court? Yes No
13. Can you deal with contested facts at this stage of the dispute? Yes No
14. Is it important to you that the matter be resolved confidentially? Yes No
15. Is a public precedent unimportant to you? Yes No
16. Are the parties relatively equal in terms of resources including the ability to stay the distance to trial? Yes No
17. Will the other side bargain in “good faith”? Yes No
