Give the Same Quality of Preparation for a Mediation That You Give to Preparing for a Trial
Most courts require mediation before a case may go to trial, and there is a far greater likelihood that a case will be settled at
Prepare a Case Valuation Analysis
Meet with your client before a mediation to prepare a case valuation analysis to determine what concessions your client should be willing to make to
Don’t Fail to Take into Account All Relevant Factors When Valuing Your Case
When valuing their case, lawyers too often omit significant factors. Some will simply adopt a value equal to their best day in court. Others will
Have a Negotiating Plan
Your case valuation analysis tells you only the extent of the monetary and other concessions your client is prepared to make. You also need a
Read Critical Documents Thoroughly and Carefully
In several breach of contract cases I have mediated lawyers have managed to overlook clear contractual language that should have been case dispositive for their
A Mediation Is Your Client’s Day in Court
Most clients have an emotional stake in their lawsuits. They want to have their day in court – to have their stories told at a
