How to Prepare for Mediation
Physical Preparation
Each Participant should prepare the following data and plans for the Mediation:
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REAL OR DEMONSTRATIVE EVIDENCE (i.e. the physical item, pictures or models that illustrate what the dispute of about. |
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STATEMENTS BY WITNESSES, either written or in person, who have first-hand knowledge of the facts. |
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THIRD PARTY DOCUMENTS such as public records, business records, medical bills or other papers prepared by outside parties. |
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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. |
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OTHER DOCUMENTS such as graphs, plats, calculations, etc. created by either party to explain or clarify their contentions. |
Attitude
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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? |
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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. |
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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. |
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Identify factors that may affect your settlement, pro and con. |
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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. |
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Be prepared to share responsibility as you objectively see it. |
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Focus on your interest -- not your rights! |
