Top 10 Tips and Tactics for an Effective Mediation

By Michelle Clardy (via americanbar.org)

What do I need to do for this mediation to be a success? That question is one a litigator should always consider when preparing for mediation. For each mediation, there may be a different measure of “success.” If your case is in the early phases of discovery and you want to test the settlement waters, “success” may be learning more about the other side’s positions on settlement and case strategy. Alternatively, you may have been embroiled in litigation for years in a very contentious case, and your definition of “success” may be getting difficult clients to see strengths and weaknesses of the case in a last effort before trial.

Regardless of your definition of “success,” there are certain tactics and general preparation tips that help ensure you are prepared to effectively negotiate for your client. While the tips that follow are by no means comprehensive, they are a good guideline of essentials to consider in any mediation.

10. Consider the Timing

9. Be Prepared 
It is important to convey to the mediator and opposing party that you are prepared and well versed in the facts and law of your case. Attorneys that are unprepared on those fronts are automatically behind in the mediation. You can’t sell your position and case strengths if you don’t know what they are. Take the time before the mediation to review and address key facts and issues of law.

8. Research, Research, Research

7. Use the Mediation Statement and Opening Statement

6. Prepare Your Client

5. Play the Devil’s Advocate

Read the full article [HERE].