PARTIES - PARTIES 1 Identify each party and title of all participants involved in the dispute 2 Identify each Disputant required to be present during

PARTIES - PARTIES 1 Identify each party and title of all...

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PARTIES 1. Identify each party and title of all participants involved in the dispute. 2. Identify each Disputant required to be present during the mediation process. 3. Identify each decision maker who will not be present during the entire mediation process. 4. Describe any special needs, demands, interests and goals of each Disputant and Counsel. DISPUTE 5. Describe each claim, dispute and defense. 6. Describe each Disputant’s demands –the best case outcome-to be achieved in the Mediation. 7. Identify and quote the key statutes governing the claims and defenses. 8. Identify and quote the key cases governing the outcome of the liability issues. For example: Stout v. Turney (1978) 22 Cal.3d 718: “Of the two measures the ‘out-of-pocket’ rule has been termed more consistent with the logic and purpose of the tort form of action (i. e., compensation for loss sustained rather than satisfaction of contractual expectations) while the ‘benefit-of-the-bargain’ rule has been
observed to be a more effective deterrent (in that it contemplates an award even when the property received has a value equal to what was given for it.)” 9. Identify the legal support for each demand for special, general and punitive damages.

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