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Prepare to Mediate

Mediation works best when both the attorneys and their clients are prepared.

Attorneys should help their clients:

  • Take part in the process

  • Keep an open mind

  • Be willing to hear new ideas for solving the problem

Before mediation, the people involved should understand:

  • The facts of the case and the law that applies

  • How the appeals court will review the case (called the “Standards of Review”)

  • What really matters to each person involved

Think about these questions:

Think about what matters most to you. Do you want:

  • A clear answer about the outcome?

  • To move on and have peace of mind?

  • To save money or time?

  • To avoid setting a legal rule that could affect others?

  • To stop more lawsuits from happening?

  • To feel respected and treated fairly?

Knowing what’s most important to you helps you understand what kind of solution would feel right. Mediators can help more when both sides clearly share their goals.

Try to understand what the other party needs to feel okay with the outcome.

  • Are there things you agree on?

  • Do you share a business or a personal relationship?

  • Are there hurt feelings or misunderstandings that can be worked through?

Understanding the other side’s goals helps everyone find common ground.

Think about what topics are important to you. What might the other side want to talk about? Being ready can help things go more smoothly.

Look back at the decisions you made. Could the other side have misunderstood something? This can help clear up confusion.

You might learn more about why the other side acted the way they did. This can help you see their point of view and find better solutions.

Pay attention to your feelings. Are you angry, stressed, frustrated, or sad? It’s okay to feel this way. The mediator can help manage emotions and keep the conversation on track.

Think about what will happen if:

  • You win: Will the case be over, or go back to the trial court?

  • You lose: Could you or your client face serious problems, like more costs or even bankruptcy?

Ask yourself:

  • How comfortable am I with risk?

  • Do I want the case to end soon?

  • Will the appeal cost too much time or money?

Think about other real-life concerns:

  • Will the result affect your taxes?

  • Could it set a rule that matters for future cases?

  • What will it cost to keep going?

These are all important when deciding what to do next.

Are there values or ideas you care about deeply—like fairness, honesty, or doing what’s right? Don’t forget about these when thinking about a solution.

What if the case continues? How will you feel if you win? What if you lose? Thinking about this can help you decide if settling is the better option.

Will settling the case fix the whole problem, or are there still other issues? Will you still be in contact with the other party after the case is over?

Try to imagine a result that all sides could live with. What would it look like if everyone left satisfied?

If your client owes money and wants that to be part of the discussion, what details would help explain their side? Are there other legal cases or facts that should be shared? Also think about what the mediator should know to understand the full picture.

Mediation works best when the people who can make decisions are in the meeting. If your client’s usual decision-maker isn’t there, it could slow things down. If others need to be involved, talk to the mediator about how to include them. You can bring this up during the first phone calls.

Last updated February 5, 2026