ARTICLE · 03 DECEMBER 2014

Quick guide to mediation: Part 2 - How to prepare for a successful mediation

Harris Freidman Lawyers

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Preparation for mediation puts you in a better place to influence the other parties and to shape the outcome.

AustraliaLitigation, Mediation & Arbitration

Fiona McLay

In our previous e-briefing we discussed the mediation process. Preparation for mediation puts you in a better place to influence the other parties and to shape the outcome.

Your lawyers (and perhaps barristers) will have provided an analysis of the legal issues involved and their assessment of how the legal system may deal with those issues. You need not speak to the other parties at the mediation (unless you wish to) and can rely upon your lawyers to present your case. But you do need to prepare.

It is likely that you have been dealing with the other side for longer than your lawyer and know your opponent better than your lawyer does. If you simply turn up for the mediation and hope for the best, you may be able to reach a deal with the other parties, but to negotiate the best possible outcome you should prepare. Consider:

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