We collaborate with the mediator who is working with both sides to resolve the case. To facilitate that, we design a research project -- a focus group, a mock jury, bench trial, or mock arbitration -- which is narrowly focused on the issues that the parties have identified as the key obstacles to settlement.
With the cooperation of the mediator, we conduct the research project allowing the parties to participate in the presentations and the viewing of results as set forth in a previously agreed upon scope. The purpose of the exercise is for both parties to have access to unfiltered views of potential outcomes using representative decision makers, then to use those views not to determine, but to inform the mediation or other settlement discussions. We prepare follow-up recommendations based upon the observations and results of the research project. Recommendations are submitted to the mediator and the parties, at which point they schedule mediation, facilitation, settlement conference or other alternative dispute resolution processes.