30 Tips for Preparing for Mediation
- Mediation is a great opportunity to settle, make use of it.
- Consider mediating before litigation is commenced.
- Carefully pick your mediator.
- Arrange for production of documents priort to the mediation.
- Meet with counsel prior to mediation.
- Give thought to the interests of the other party and how you might meet the need.
- Identify the crux of the dispute.
- What additional information would you like to have?
- Do not develop a bottom line prior to the mediation.
- Determine yiour BATNA (best alternative to a negotiated settlement)
- Your statement of issues is a tool – use it wisely.
- Your statement of issues should not be the same as your pre-trial memorandum.
- Have a representative attend the mediation.
- Send a representative with authority to enter into a settlement he/she feels is appropriate.
- Ensure that a representative of the opposite party attends and that the representative has full authority.
- Use the opening statement to set a tone.
- The opening statement should not be the same as an opening at trial.
- You should say something during the opening.
- Take time to recognise the validity of the other party’s point of view, even if you do not agree with it.
- If there are aspects of the other party’s viewpoint that you agree with, highlight these as a way of establishing good rapport.
- Stay involved in the conversation.
- Listen closely.
- Make use of your mediator.
- Give thought on how to structure your offer so as to make it more appealing and / or create momentum.
- Avoid describing your offer as your last offer or bottom line.
- Recognize that it is not all about money – at least not all of the time.
- Be persistent in your pursuit of a settlement.
- If a settlement is reached, get it in writing.
- If a comprehensive settlement cannot be obtained, look for opportunities to settle an aspect of the dispute, consider alternatives to ongoing litigation or establish a timetable.
- Remember, you do not have to settle at mediation.
Want to learn more, check out our webinar “How to prepare for mediation – 30 tips in 30 minutes‘.