Preparing for Mediation
Preparing for Mediation
Mediation can be a valuable and cost-effective tool for resolving disputes. However, the success of mediation heavily relies on adequate preparation from all parties involved. I often receive inquiries about how individuals can effectively prepare for mediation, and I want to provide some detailed insights into this process.
In general, preparation should focus on understanding the types of claims being made, the potential damages that are recoverable, and the specific facts that are in dispute. Parties should also organize any discovery materials that may be relevant to the case, as these can provide critical context during mediation. Clear documentation can clarify misunderstandings and help streamline the discussion. To the extent there are demonstrably verifiable facts that may be relevant to the strengths or weaknesses of particular claims, those facts should be known and verifiable during the mediation. I have seen mediations get stalled because facts were simply not verified and available during the mediation. This could be any number of things, but could include issues such as:
- • when was a contract signed.
- • how much was a particular vendor paid.
- • whether property in a foreign jurisdiction had or had not already been transferred.
These are examples of facts that should be known prior to a mediation. Because they may be difficult to ascertain during the mediation, not having the evidence of those facts can stall the process. To assist in the reparation process, please see attached checklist.
In domestic cases, when preparing for mediation, it is essential to gather comprehensive documentation, including the child support worksheets, an inventory of all debts and assets, and any relevant financial statements. Additionally, consider listing any other pertinent information, such as income sources, tax returns, and expenses. This transparency helps facilitate open discussions and can lead to a more equitable resolution. You may find the attached checklist useful in your preparation.
As an attorney, it is crucial to prepare your client thoroughly before mediation. Start by discussing the mediation process in detail, ensuring your client understands that the primary goal is to reach a resolution rather than to win a battle. Encourage early mediation, as addressing issues sooner can prevent escalating attorney fees and make resolution more attainable. If the case is complex, consider providing the mediator with a written outline that summarizes key points and issues. Lastly, advise your client on the importance of their opening statement; while some assertiveness is expected, a reconciliatory tone is more conducive to achieving a settlement. Attached you will find my suggestions for practitioners that generally result in a successful mediation.
By ensuring thorough preparation, all parties can approach mediation with clarity and a greater likelihood of reaching a satisfactory agreement. If I can be of assistance, please feel to reach out. Please refer to my online calendar for mediation availability.