6 Ways to Prepare for Your Upcoming Mediation

While your case may be slightly different, your general knowledge of the process will help keep the process moving along.

As we’ve discussed, be ready to make the first offer.  Research shows that the party making the first offer tends to be most satisfied with the outcome. The first offer often “anchors” the entire negotiation process so be ready to act first.

Share your thoughts if given the opportunity. While the lawyers will do the lion’s share of the talking, it is powerful when you share your perspective directly. Take a few minutes, jot down your thoughts, and don’t worry about showing emotion. Done in a respectful manner, it creates a connection and humanizes the process.

Liquidate funds (if applicable). If there’s a possibility that you will need to transfer funds to the other party, make arrangements in advance. It’s also advised that you come to mediation with proof of funding. Call the office if you have any questions.

Keep litigation costs top of mind. Remember the cost and consequences of litigation, and factor that into your decisions about settlement terms.

Confide in the mediator. Discussions with your mediator are confidential; they won’t be disclosed to the opposing party. That said, share openly and use me as a sounding board for your feelings, fears, and negotiation ideas.

As I said above, don’t hesitate to reach out if you have any questions ahead of your mediation date — I’m here to help however I can.