Most people think of mediation as a side dish during the long course of litigation – it’s nice to have, but by no means necessary. Today i suggest otherwise.
As most civil litigation cases are settled before trial, I believe that mediation can be an invaluable opportunity for the parties to resolve the matter on mutually acceptable grounds. Hence, it’s important to prepare for mediation if you want to gain an edge over the opposing party during the settlement process.
To prepare for mediation, first you need to know your facts. If you don’t know the facts well, you’ll likely be seen as not credible or untrustworthy, which can hinder your position.
Besides knowing the facts well, you need to know your bottom line. In doing so, you will know your worst alternative and be prepared to walk away if anything less is offered.
At the same time, you should be conscious of what your legal costs may be if the matter is not settled in mediation. Even a follow-up mediation session can cost you additional hundreds or thousands of dollars. If the mediation fails, further negotiation between lawyers or litigation can be very expensive.
You should be realistic about the outcome. If you attend mediation with unreasonably high expectations, you’re wasting everyone’s time. You may also be seen as insincere or arrogant. Neither perception helps your case.
At the mediation, you should focus on solving the problem, rather than placing the blame. Once parties start blaming each other, the mediation quickly breaks down. You should focus on your needs and objectives – and not “whose fault is it?”
Finally, you should be open to suggestions. Unlike adversarial litigation, mediation is about finding a solution that works for everyone. You may be surprised to learn that the opposing party is not as unreasonable as you thought.
