The assessment is non-binding,
and may include suggestions and options for settlement.
The process is informal
and requires the cooperation and disclosure of the
participating parties.
The scope of disclosure will
be decided by the parties and mediator at the outset
of the process. The disclosure is, in effective,
informal discovery conducted by the mediator. This
may include the production of documents, source
code, devices, etc. for review by the mediator and
his technical experts, as well as interviews with
key personnel.
Since the information and materials
disclosed would generally be discoverable in litigation,
they may be shared by the mediator with the other
party, subject to appropriate confidentiality restrictions.
The parties may agree to a different approach -
i.e., certain information and materials may be withheld
from the other party.
Each party will have an opportunity
to present its case to the mediator.
The parties will decide if their
respective attorneys will participate in the assessment.
Generally, the attorneys will provide briefs or
memoranda and will meet with the mediator.
