In order to have a successful mediation session, we suggest that you spend time preparing for this process.   This guide assumes you are in the litigation process, and we include an asterisk by those parts of the guide that pertain to litigation.   Here is a guide to prepare for a successful mediation:

1.   Preparation of your case.

• Know which facts are disputed and which facts are not in dispute. 
• Focus on critical facts that are relevant to your case.
• Identify the strengths and weaknesses of your case.
• Lay out the elements of the causes of action, defense and/or counterclaim, or claim or defense, if you have not started the litigation process, and how the facts of your case fit within these elements. This will be the structure for the basis of your preliminary statement.
• Know the damages or other relief desired; whether you are on the plaintiff’s side or the defense, know what result you wish to accomplish.
• Know comparable jury verdicts (if any). This information will help you evaluate your goals and have a realistic range of expectations. Consult with other attorneys, or review verdicts provided by numerous associations.
• Prepare and review your papers. This will provide us with what, is in essence, a roadmap of your case.  You can provide a copy to opposing counsel along with a confidential letter or document with additional information strictly for the Mediator(s).

2.   Assess your alternatives to settlement.

• Know the risks involved in failing to settle.  Understand if you fail to settle and your case goes to trial, you will either have a judge or jury make the decision for you.  What is the array of results if you do not settle?  In computing whether or not you wish to settle, rather than go to trial, keep in mind what the costs of going to trial may be, for experts, attorney fees, jury cost, etc.*
• What are your alternatives to trial? Binding arbitration or private trial?
• Determine what is the best and worst case scenario.  It is always important to try to establish what the lowest or highest amount of money is before you begin the process. 

3.   Educate and prepare your client.

• Explain the process to your client so that your client knows what to expect. Advise your client that at times the process may seem at a stalemate, but the mediator moves in a direction that the mediator believes will accomplish a fair result.
• Update the client on the status of the case. Explain to the client where you are in the litigation process and how much (or how little) time may be saved by a settlement.*
• Explain where you are in the negotiation process. Obtain the client’s authorization for where the negotiations will commence.
• Explain to the client how the law applies to the facts of the case. Assist the client in understanding that some facts are irrelevant to the case and that evidence must be admissible.
• Assist the client in understanding that the result that may be achieved under the law may seem unfair, but may be all the law provides.  Explain to your client essentially no case is black and white, and when they are in that gray area, a fair mediation resolution is sometimes the better decision, than taking chances with a trial.
• Explain to the client any potential risks or delays that are sometimes unavoidable, including, continuations and problems with enforceability and collection of a judgment, if applicable. Help the client realize that obtaining a verdict may not necessarily be the end of the process.  Explain that although rare, cases can be appealed which takes longer, many times over one year, and may result in a case going back to trial.
• Define your client’s objectives. What does the client hope to achieve? Try to define your client’s objectives and goals in terms other than winning their lawsuit.
• Explore possible improbable positions and sensitive issues with your client. Review the strengths and weaknesses of the case.
• Establish your authority to settle the case. 

4.   Verify that you have submitted all requested materials.

• Make sure you have sent opposing counsel everything requested from you. This includes bills, medical reports, lease documents, contracts, etc. If these requested items were to be obtained from a third party, verify that these items were sent.
• Verify that you have received everything you have requested from opposing counsel
• Be sure all documents you intend to use in the mediation are sent to us by the time we request them.