These matters may involve fee structures, scope and deliverables, reimbursement mechanics, and questions about performance and compliance within the professional relationship, and may, if counsel elects to include them, involve related concerns about how that relationship was conducted.
How Mediation Helps In This Context
Participants often identify the questions they want to address, consider the documents that most directly inform those questions, and evaluate options that may resolve the dispute while accounting for reputational and confidentiality concerns. In some matters, participants and counsel may elect to include issues relating to how the professional relationship was conducted, such as scope, communication, or performance, and where those issues are included, boundaries for the session can be defined so discussion remains focused and productive. These matters often turn on how expectations were defined and implemented over time, and clarifying that history frequently shapes how resolution is approached.
Common Issues
- Fee reasonableness and billing methods
- Scope, performance, and change-management history
- Deliverables, acceptance criteria, and revisions
- Credits, write-offs, or clear rules for any future work
Some Considerations For Counsel Preparing For Mediation
- Summarize the scope and performance history and highlight the few documents or entries that frame the dispute
- Propose acceptance or completion criteria in plain terms
- Consider credits, adjustments, or defined close-out steps where appropriate