Are You Going to Mediation?

If so, what should you do to prepare? Even if you have an attorney, you should know your case and prepare effectively.  Mediation is a form of Alternative Dispute Resolution where cases are resolved out of court.

1. Review your documents and evidence

Documents, testimony and other information obtained in Discovery can be helpful.

Gather all the relevant evidence and organize it. Review it all carefully. Understand the other side’s position and review their evidence.

2. Bring key documents and evidence to refer to & support your arguments

Preparation is key. Having everything there to assist you can only help.

3. Work with your attorney to determine your “bottom line”

Spend some time preparing with your attorney in advance (not the morning of).

4. Understand the other side’s claims (your weaknesses) and prepare to address them head on

So that you can make informed decisions, you should be aware of your case strengths and weaknesses.

5. Consider many different settlement options (payments over time, restructuring, etc.)

Think out of the box. Money isn’t always the only way to resolve a matter in Mediation.

6. Don’t draw a line in the sand early in the Mediation

You want to remain open minded and keep the process going as long as progress is being made.