Active Preparation Leads To Better Mediation Results

After have deciding to mediate and selecting a mediator, each litigants' focus should shift to preparation.  In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared for mediation.  This post offers 7 pointers for parties to follow when preparing for mediation with their lawyers.

1. Participate in Drafting the Mediation Statement. The written mediation statement primarily serves to inform the mediator of the issues in the case, the parties' respective positions, and the real points of contention.  Because the parties usually have a deeper understanding  of the factual and economic issues in a case, the parties themselves need to be involved in the process of finalizing the mediation statement.  The parties may suggest important points, such as a crucial missing fact or a tweak based on a business goal.