In contrast to litigation and arbitration, there is no judge who imposes a decision on you and there is no formal testimony taken.
You have control in mediation as to whether and how the dispute will be resolved. Your agreement with the other side defines the terms and conditions of any resolution.
How can you make mediation work more effectively for you?
Participation is what it is all about.
Bookmark the page RESOLUTIONS to find specific ideas for improving the mediation experience for you and your clients.
In advance of a mediation, meet with your client as if you were prepping for a deposition:
- Explain the mediation process, including your role and the roles of the opposing lawyer and the mediator.
- Explain liability issues and damages, examining weaknesses as well as strengths.
- Determine what, if any, assumptions you should make about the other side's case.
- Identify the information you would like to obtain from the other side, and what you will do to get it.
- Decide what information you will volunteer and what information you can ethically withhold.
- Discuss your plans and strategy as well as your best alternative to no agreement.