How To Prepare For Mediation

Physical Preparation

Who Writes the Agreement?

Each participant should prepare the following data and plans for mediation:

1. Contracts And Documents: Documents that are being disputed or that support contentions and concerns.

2. Real Or Demonstrate Evidance: i.e.; the physical item, pictures or models that illustrate what the dispute is about.

3. Statements By Witnesses: either written or in person, who have first-hand knowledge of the facts.

4. Third Party Documents: such as public records, business records, medical bills or other papers prepared by outside parties.

5. Expert Opinion Reports: from a doctor, engineer or any specialist who, by training or experience, ha specialized knowledge in a field that will support the claim.

6. Other Documents: such as graphs, plats, calculations, etc. created by either party to explain or clarify their contentions.

Attitude

1. Do you really desire to negotiate a settlement? What is an acceptable financial range in which to settle the case? Are you reasonable in your evaluation?

3. Objectively evaluate and write down the strengths and weaknesses of your claim. Do the same for the other party, as if you were on that side of the dispute.

4. Identify factors that may affect your settlement, pro and con.

5. Prepare questions to use during presentation and negotiations to help you clarify and present your view of the dispute and to lay the groundwork for your evaluation and eventual settlement.

6. Be prepared to share responsibility as you objectively see it.

7. Focus on your interest - not your rights!