Prepare for mediation by defining the real objective, knowing the strongest and weakest facts, understanding likely costs and outcomes, identifying decision authority, preparing settlement ranges, and planning how key information will be presented.
This article provides general information and is not legal advice. The right approach depends on the facts, documents, and law applicable to a particular matter.
Know what success means
Settlement value is not always purely monetary. Timing, confidentiality, releases, ongoing relationships, operational certainty, and enforceability may matter as much as the headline number.
Prepare for movement
A negotiation plan should account for opening positions, likely counters, decision thresholds, and the information needed to justify movement without appearing arbitrary.
Plan for no deal
Understanding the litigation or arbitration path that follows an impasse is essential. A realistic alternative gives context to every settlement proposal.
Frequently asked questions
Who should attend mediation?
The right attendees depend on the dispute, but the process works best when people with sufficient knowledge and settlement authority are available.
Does offering to mediate show weakness?
Not inherently. Sophisticated parties often mediate because the process can create information, certainty, and settlement opportunities that litigation cannot.