Koles & Burke, LLP‘s Mediation Policy

The mediation policy of this law firm in representing its clients is as follows:

1. We respect and participate in good faith when a court orders us to enter mediation.

2. We are willing to voluntarily participate in mediation with adversaries who seek a good faith settlement of disputes.

3. Our goal in any mediation, court-ordered or voluntary, is to obtain a fair result for our client.

4. Our participation in mediation is some recognition that the certainty of settlement often is preferable to the uncertainty of trial.

5. The uncertainty of trial is always preferable to a settlement that does not do justice to our client.

6. We shall walk away from any mediation the moment one or two things occurs:

(a) We conclude that the positions of the parties are so far apart that further discussions clearly will be fruitless.

(b) We believe that an adversary is not bargaining in a good faith effort to reach a fair settlement.

7. Once we walk away from mediation, we are willing to resume it only if we are persuaded by convincing evidence that the reason we left the mediation no longer exists.

8. We regard the opening offer or demand by each of mediation as crucial in determining whether the positions of the parties are so far apart that further discussions clearly will be fruitless or whether an adversary is not bargaining in a good faith effort to reach a fair settlement.

9. Before deciding whether or not to enter into mediation, we are willing to exchange simultaneous demands and offers so that both parties can decide whether a mediation appears to be worthwhile.

10. Generally, we will place a presumptive time limit on mediation and will conclude our participation when the presumed time has elapsed.

It is our policy to provide our Mediation Policy to adverse parties and their counsel and to mediators.

This policy applies throughout the firm and to all cases.