Upcoming Mediation? Let's Talk About How to Prepare...

There are many benefits to working alongside a mediator to help resolve legal disputes. A mediator acts as an impartial, fair, and communication-focused asset. While mediators don’t make decisions or give legal advice, they have expertise in navigating even the most complex cases resulting in positive outcomes for all parties involved. By effectively preparing for your mediation, you can help ensure a more productive and successful process.

Meet Your Mediator

Before organizing your case, learn more about your mediator to ensure you have a similar philosophy. This might include asking questions related to their experience and process.

Know The Case

It’s helpful to review and outline the details of your case. This means knowing all damages, including out-of-pocket payments, medical liens, insurance liens, and the like.

Additionally, consider examining the strengths and weaknesses of the case. This includes determining if any additional documentation or evidence is needed such as affidavits or deposition transcripts from testimony, photo evidence, and calculation of the settlement valuation.

Finally, be aware of deadlines and discuss them with your client and your mediator.

File Strategic Motions

Before working alongside a mediator, it’s vital to have a plan and submit any motions to the judge. Consider any strategic motions to gain leverage at the negotiation table. Necessary motions can include filing a motion for summary judgement, filing motions in limine to limit evidence the opposing side thinks they will have the benefit of at trial, 57.105 motions for sanctions and attorney’s fees, or file motions to strike affirmative defenses that are unsupported by the evidence developed during discovery. Having these motions filed brings a level of uncertainty to the opposing side, who now has to consider the risk of the judge ruling against them after mediation, which may weaken their case or lower the value of the case. Additionally, this may strategically be the time to retain experts and provide reports. Each of these documents create possible incentives for the opposing side to consider settling. Not to mention, litigating these motions translates into increased litigation costs, which a party may decide is better spent settling the case and achieving a resolution.

Index Key Evidence

Getting organized is essential. Consider indexing all key evidence including relevant photos and documents. A curated guide will allow for easy, quick reference and helps keep all information organized.

Create a timeline

Create a timeline of the facts and evidence for the case. This not only provides an overview of the case but also allows your mediator to review the case quickly and seamlessly.

Prepare Your Client

Once you’ve prepared, organized, and spoken with your mediator, it’s time to prepare your client. Consider that your client may be unfamiliar with what a mediator does or what to expect when working with one.

Be sure your client understands the rationale for working with a mediator. A helpful way to frame mediation is by focusing on the future. Mediators are solutions-oriented, aiming to discuss resolution for the future instead of past disputes or concerns.

Discuss the mediator’s goal, which is to understand both parties’ points of contention and come to a conclusion that makes sense for everyone. This means your client should know the facts of their case and what their goals are.

Work Collaboratively

A mediator is an asset as they bring a neutral yet experienced point of view to the case. Your mediator will function as an unbiased facilitator, working to help both parties come to an agreement they’re happy with. By working collaboratively and providing relevant information, you can help get the most value out of your mediator, which ultimately aids your client and their case.

Do you have a case for mediation? Reach out for available dates today. I look forward to working alongside you.