How to Prepare for Mediation

Physical Preparation

Each Participant should prepare the following data and plans for the Mediation:

REAL OR DEMONSTRATIVE EVIDENCE (i.e. the physical item, pictures or models that illustrate what the dispute of about.

STATEMENTS BY WITNESSES, either written or in person, who have first-hand knowledge of the facts.

THIRD PARTY DOCUMENTS such as public records, business records, medical bills or other papers prepared by outside parties.

EXPERT OPINION REPORTS from a doctor, engineer or any specialist who, by training or experience, has specialized knowledge in a field that will support the claim.

OTHER DOCUMENTS such as graphs, plats, calculations, etc. created by either party to explain or clarify their contentions.


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?

What is your negotiation demand or offer?  Plan the negotiation so that after adjusting your position two or three times, you end up in a range where you can reasonably accept settlement and closure.

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

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

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

Be prepared to share responsibility as you objectively see it.

Focus on your interest -- not your rights!

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