Successful Mediation Requires Preparation

mediation triangle


Preparation is the main key to a successful mediation session

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This article details 10 ways to prepare: *from Bennett G. Picker

  1. Exercise Due Diligence in Selecting the Mediator. 
  2. Identify and Involve Client Representatives.
  3. Determine Whether Information Exchanges Are Necessary.
  4. Prepare Arguments Supporting Legal Positions and Settlement Positions. 
  5. Prepare a Confidential Written Statement to the Mediator in Advance of the Mediation Session. 
  6. Prepare a Concise “Opening Statement” for the Joint Session. 
  7. Make an Objective Litigation-Risk Assessment. 
  8. Explore Potential for Creative Solutions.     
  9. Develop a Negotiating Plan.
  10. Prepare a Draft Settlement Agreement.