Preparing for Mediation
What Lawyers and Clients Should Know
Mediation can be a powerful and efficient tool for resolving legal disputes, but success often depends on preparation. Whether you’re an attorney or a client, knowing what to expect and how to prepare can make all the difference. This blog offers practical insights to help you approach mediation with confidence and clarity.
1. Understand the Mediation Process
Mediation is a voluntary, confidential process where a neutral third party helps both sides explore resolution. The mediator is not a judge and doesn’t impose decisions. Instead, the mediator facilitates communication, helps clarify issues, and assists in evaluating risks and settlement options. Understanding that mediation is not about ‘winning’, but about finding common ground, sets the right tone for productive discussions.
2. Define Your Goals and Priorities
Before mediation, lawyers and clients should have a candid conversation about their goals. What does a good outcome look like? What are the must-haves versus the nice-to-haves? Are there non-monetary terms that matter, such as confidentiality, timing of payment, or ongoing relationships? Having clarity about priorities helps guide negotiation strategy and increases the chance of a resolution that meets your needs.
3. Be Realistic About the Case
Every case has risks, and mediation is often the moment where those risks are laid bare. Lawyers should help clients understand both the strengths and weaknesses of their case, including potential verdict ranges, litigation costs, and the uncertainties of trial. A well-prepared client is more likely to make informed, strategic decisions rather than emotional ones.
4. Prepare a Mediation Statement
Most mediators welcome or request mediation statements in advance. These statements should summarize the key facts, legal issues, settlement history, and your perspective on the case. They don’t need to be overly formal, but they should be thoughtful and persuasive. A good mediation statement helps the mediator get up to speed and lays the groundwork for meaningful dialogue.
5. Come with Authority and Flexibility
Nothing stalls a mediation faster than lack of settlement authority. Be sure the decision-maker is present or readily available. At the same time, be open to adjusting expectations as new information surfaces. Mediation often involves give and take, and flexibility can be the key to unlocking resolution.
6. Focus on Interests, Not Just Positions
It’s easy to get stuck on positions (e.g., “We won’t pay more than $50,000” or “We want a full apology”), but real progress comes from understanding interests which are the underlying reasons those positions matter. Is it about financial security, vindication, closure, or future peace of mind? Exploring interests helps uncover creative solutions that go beyond the numbers.
7. Trust the Process and the Mediator
Mediation often involves long pauses, emotional moments, and unexpected turns. Trust that the mediator is working behind the scenes to move the process forward. Even if progress feels slow, keep showing up with patience and a problem-solving mindset. Many cases settle in the final hour or shortly thereafter.
The Bottom Line
Preparing for mediation isn’t just about gathering documents — it’s about mindset, strategy, and communication. When lawyers and clients are aligned, informed, and focused on resolution, mediation becomes more than just a legal requirement. It becomes an opportunity. With the right preparation, mediation can lead to closure, savings, and solutions that the courtroom simply can’t offer.