To the Lawyer: You Hold the Key To a Successful Mediation

Whether you represent the plaintiff or the defendant, your preparation, and your preparation of the decision makers on your side, will go a long way toward determining the success of the mediation effort. The mediation process will challenge the parties to review and re-evaluate the available information about the case. The more information is available, the more meaningful that re-evaluation will be. And here’s the very important point: if you want your opponent’s evaluation to resemble yours, your data needs to be shared with him well before the mediation to allow his full appreciation of the strengths and weaknesses on both sides. Experienced trial lawyers know this: it’s usually self-defeating to successful, mediated resolution of a case (or to success at trial, for that matter) to try to either ignore or hide information. You wouldn’t dream of showing up unprepared on the first morning of trial; if you want to “succeed” at mediation you have to be prepared, as well.

So, what does that mean for mediation?

the client, or claims professional must know what to expect from the process;
you need to know your case, both upsides and downsides;
be prepared to acknowledge and discuss weaknesses, as you perceive them;
arm your mediator with your strengths, to use in the other room;
forewarn your opponent with important information re claims and liability;
obtain all information about collateral sources and subrogation claims;
prepare the decision-maker to focus productively, rather than posture;
make sure all decision makers, including subrogors, are at the table.