Speak Privately with Your Mediator in Advance of the Mediation
After you have submitted your mediation statement, if you don’t receive a timely call from the mediator, call to make sure the mediator understands your
Help the Mediator Change the Way Your Client Views the Dispute
The parties normally have an emotional reaction to the litigation. Their view of the dispute is visceral, not rational: “They done us wrong!” This point
Give the Mediator the Tools Needed to Move the Other Side
The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where
Provide Whatever the Mediator Needs to Read to Understand Your Case
Preparation enhances a mediator’s performance. A well-prepared mediator will understand the case before counsel give opening statements and will have devised a strategy for leading
Select the Right Client Representative
When representing a corporation you sometimes have the opportunity to choose who will attend the mediation as client representative. Pick someone who has the requisite
Consider Giving Your Client Representative a Speaking Role in Your Opening Statement
Consider giving your clients a carefully prepared but not over-rehearsed speaking role as part of your opening statement at the mediation. Your clients will appreciate
