| Preparing for Mediation |
One of the keys to successful mediation is preparation. To prepare for
mediation, each party should be certain about their interests and expectations.
Before the mediation, the parties should discuss the strengths and weaknesses
of their case and the other parties’ case with their attorney. This will help each
party have realistic expectations during the mediation based on the facts and law.
Parties should calculate the total of all medical expenses and other special
damages. Each side should bring to the mediation all documentation and other
evidence necessary to support its case. These may include exhibits, documents,
graphs, photographs, charts, or any other form of evidence. The parties should
exchange all discovery responses prior to the mediation so that both sides have
sufficient information to evaluate the issues.
Each party should prepare an opening statement for the joint session. The
opening statement is your opportunity to speak directly to the other party. It allows
you to inform the other side about your interests and goals in resolving the
litigation. It is a good opportunity to clear the air so that you can concentrate on
resolving the legal dispute.
Each party should come prepared to be patient. Mediations are a creative and
dynamic process. There are no set time limits and you can not rush the process.
Once the joint session has been completed, the parties will separate into different
rooms. The Mediator will be going back and forth between the parties. At various
times, the Mediator may need to spend more time with one party. This is natural.
While one side has considered a position for weeks or months, the mediation
may be the first time the other side has considered that position. Sometimes it
takes a while for a party or counsel to understand a proposal and to consider it
and possible other offers. Keep in mind, that most mediations result in
settlement if sufficient time is allowed for the mediation process to work.
Most importantly, each party must come to the mediation with an open mind
prepared to listen, not just hear. Listen to the mediator and allow her to work for
you. Her sole job is to facilitate an agreement that all parties are comfortable
making. Listen to the presentations of the opposing party(ies) during the joint
session. It is fairly common to learn new information during the opening
statements. Be receptive to learning new information and deciphering how it may
impact on your prior assessment of the case. Lastly, listen to yourself. Although
you should remain open to the suggestions of the mediator, your counsel, and
opposing parties, you should still listen to your inner voice.
mediation, each party should be certain about their interests and expectations.
Before the mediation, the parties should discuss the strengths and weaknesses
of their case and the other parties’ case with their attorney. This will help each
party have realistic expectations during the mediation based on the facts and law.
Parties should calculate the total of all medical expenses and other special
damages. Each side should bring to the mediation all documentation and other
evidence necessary to support its case. These may include exhibits, documents,
graphs, photographs, charts, or any other form of evidence. The parties should
exchange all discovery responses prior to the mediation so that both sides have
sufficient information to evaluate the issues.
Each party should prepare an opening statement for the joint session. The
opening statement is your opportunity to speak directly to the other party. It allows
you to inform the other side about your interests and goals in resolving the
litigation. It is a good opportunity to clear the air so that you can concentrate on
resolving the legal dispute.
Each party should come prepared to be patient. Mediations are a creative and
dynamic process. There are no set time limits and you can not rush the process.
Once the joint session has been completed, the parties will separate into different
rooms. The Mediator will be going back and forth between the parties. At various
times, the Mediator may need to spend more time with one party. This is natural.
While one side has considered a position for weeks or months, the mediation
may be the first time the other side has considered that position. Sometimes it
takes a while for a party or counsel to understand a proposal and to consider it
and possible other offers. Keep in mind, that most mediations result in
settlement if sufficient time is allowed for the mediation process to work.
Most importantly, each party must come to the mediation with an open mind
prepared to listen, not just hear. Listen to the mediator and allow her to work for
you. Her sole job is to facilitate an agreement that all parties are comfortable
making. Listen to the presentations of the opposing party(ies) during the joint
session. It is fairly common to learn new information during the opening
statements. Be receptive to learning new information and deciphering how it may
impact on your prior assessment of the case. Lastly, listen to yourself. Although
you should remain open to the suggestions of the mediator, your counsel, and
opposing parties, you should still listen to your inner voice.
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