What Mediators Wish Lawyers Would Do Before the Session-Part 1: Prepare

Welcome to my newest blog series, where I’ll explore five things mediators wish lawyers would do before the mediation session begins.

The first may seem obvious: prepare.

But I’m not talking about simply knowing the case.

After years of litigating cases and now sitting in the mediator’s chair, I’ve come to appreciate that some of the most important preparation has very little to do with “knowing the details of the case”.

“Mediation-specific preparation” requires something more.

1. Know your client’s expectations and goals before the mediation begins.

What does your client realistically expect to accomplish? What would constitute a successful mediation, even if it does not settle? Where might there be flexibility in your position, and where might there not be?

2. Understand how insurance coverage may affect the negotiations.

Policy limits, multiple defendants, layers of coverage, reservation-of-rights issues and other coverage considerations can materially affect how a case can be resolved.

3. Be prepared to clearly explain your evaluation of damages to the other side.

A number supported by a thoughtful analysis gives the mediator something to work with.

This is the kind of preparation that makes a difference.

Because by the time everyone walks into the room, the groundwork for successful mediation should already have begun.

Next in the series: Have the hard conversations with your client before mediation—not during it.

Call me today to schedule your next mediation at 407.493.0899 or book me directly on my Appointments page.