Mediation Preparation Guide

Maximize Your Chances at Resolution with Thoughtful Preparation

1. Clarify Your Goals

• What does a successful resolution look like to you?

• Are there non-monetary outcomes that matter (timing, confidentiality, relationships)?

• Create an agenda of your priorities in order of importance.

  
  

2. Know Your Case—And Theirs

• Review key facts, pleadings, documents, contracts, and communications.

• Anticipate the opposing party’s strongest arguments.

• Prepare a concise confidential mediation summary to share with the mediator (2–4 pages is ideal). Prefer to speak with the mediator? Reach out for a pre-mediation call.

  
  

3. Bring What You Need

• Settlement authority and decision-makers must be present.

• Relevant documents, calculations, and timelines.

• A proposed draft of settlement language, if possible.

  
  

4. Talk With Your Client Beforehand

• Explain the mediation process and the mediator’s role as a neutral third-party.

• Discuss possible outcomes, the value of compromise, and the risks and expense of trial.

• Address emotional or psychological barriers to settlement.

  
  

5. Strategize Your Opening in Circuit-Civil Cases

• Decide if you’ll make an opening statement during joint session.

• Consider tone, body language, and clarity—especially in emotionally charged cases.

• Aim to be persuasive without escalating tension.

  
  

6. Be Flexible, Not Fixed

• Explore creative solutions that may not be available in court.

• Use mediation to gather information, test settlement ranges, and build rapport.

• Recognize that movement—even small—often leads to resolution. Remind your client that the only offer that matters is the last offer.

  
  

7. Prepare for the Long Game

• Mediation can take time—bring patience and have snacks on hand!

• Request private breaks with your client as needed.

• Trust the process, and don’t rush the finish line.

  
  

8. Follow Up if Needed

• If the case doesn’t settle day-of, outline next steps.

• Consider post-mediation proposals or a second session.

• Stay engaged—many cases settle shortly after mediation ends.

  
  

🔗 Need help preparing for an upcoming mediation? Visit www.tibbalsmediation.com or email lara@tibbalsmediation.com to schedule a consultation.