How to Prepare

Bring, and be ready to share, all documents or information that would help to settle your dispute. You have come to mediation to avoid further litigation and/or trial, so now is the time to share everything you can to give you the best chance for successful resolution.  Don't save that "smoking gun" for the courtroom.  If you have information that will help the other side, or the mediator, understand your position better, share it!   

Every party comes into mediation with the preconceived idea that they know what the other party wants or is going to say.  This is not always true, in fact, it is almost never completely true.  Come to mediation with an open mind, ready to hear things you may not have heard before.  Be open to receiving new information, new ideas and solutions.

No party leaves mediation getting everything they want, but in a successful mediation they will leave getting what they need.  Settlement only happens when both parties benefit.  Different parties have different needs.  For some it is about money, for others it is about being heard, and for others it may be about closure.  Whatever it is you think you "want" going into mediation, be prepared to compromise and to figure out what you actually "need" to settle the case and move on. 

It took time to get into the situation you are in, it will take time to settle it.  Plan to block out your whole day and dedicate it to settling your case.  Don't get hung up on how much time the mediator spends with the other party.  You have been living your case for a long time, the mediator on the other hand has just a few hours to try to gain as much information as possible and help you find an agreeable solution.  Mediation is a process that sometimes may seem to take an eternity and you may feel like giving up.  Don't give up. The process works, but it takes time and patience.

I find that pre-mediation discussions and  mediation briefs help focus the parties and provide the mediator with a jump start on the mediation.  I generally request mediation briefs be emailed at least 48 hours prior to mediation.  Briefs should contain a summary of the case, any relevant facts, current demands or offers, obstacles to settlement and any other pertinent information necessary.  My hourly rate for review of all pre-mediation material will apply.  It has been my experience that pre-mediation preparation generally saves a significant amount of time at the mediation itself.