Resource Center / Prepare
A productive mediation often starts before anyone sits down. Here are five things John wants to have in hand before the conversation begins.
Good people resolve things.
One-page position summary
Provide a concise, one-page summary of your position.
More importantly, identify what you actually want — in order of priority. What is essential? What is a nice-to-have? What is a dealbreaker?
The clearer those priorities are before mediation begins, the easier it is to have a productive conversation.
The real numbers
Have the relevant documents, figures and dates available before mediation begins.
Nothing slows momentum like “I need to check with my client on that.”
The more factual questions that can be answered in the room, the more time everyone can spend working toward resolution.
Settlement authority
Know who has settlement authority and whether that person will be participating or immediately reachable.
If every meaningful decision has to be taken back to someone else for approval, productive negotiation becomes much harder.
A short chronology
Provide a concise chronology showing who did what and when.
The goal isn’t to reproduce the entire file. It’s to make sure the basic story is understood before mediation begins, so the day can focus on resolving the dispute rather than reconstructing it.
The weak spots
Think honestly about where your position is strongest — and where it is exposed.
What risk does your side face? What might you be willing to trade to address it?
Attorneys who have already considered their own soft spots often negotiate more efficiently and credibly.
Bonus
Provide prior offers and counteroffers in writing when available.
That gives everyone a clear understanding of where negotiations have already been, and helps avoid wasting time covering the same ground again.
Prepared people have better conversations.
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Ready to mediate?
Find a time that works for everyone at the table.