Mediated Case Management

Mediated Case Management is a unique blend of facilitative and adjudicative processes aimed at cost effectively and efficiently managing complex, multiparty litigation. Developed and refined by Upchurch, Watson, White & Max principals, Mediated Case Management seeks to mediate the procedural conduct of major lawsuits in order to establish parallel tracks to achieve both settlement and litigation goals. Following early facilitated issue refinement sessions among counsel and party principals, mutually agreed and cooperative discovery and motion practice events are scheduled in order to develop the data needed to settle as early as possible. As the information thus becomes available, interim mediation sessions are held to resolve divisible disputes and party claims. A final mediation session is then established to close the case at the earliest possible date – before fees and costs become predominant. Under a properly administered Mediated Case Management program, critical steps in trial preparation – which would be necessary in any event - are prioritized in order to give settlement a chance to happen first.