Suzanne McSorley recently posted an interesting article in Under Construction concerning strategies for success at mediation.
Take Full Advantage of the Opportunity to Mediate: Prepare; Don’t Just Show Up!
We all know the Scout motto: Be prepared. Life is not merely
showing up. It’s being ready when you do show up. So, prepare for your mediation; don’t just
show up!
In nearly 20 years of serving as mediation neutral, I have
observed too many litigants who have intentionally or inadvertently adopted
this attitude toward mediation: they
know that the mediation session will provide an opportunity to settle their
case, and they show up, full of hope tempered with a little pessimism. But they just show up! While I doubt any
readers of Under Construction are guilty of this offense, I continue to be
amazed at how infrequently parties – even parties with substantial claims –
really prepare for mediation. At best,
lack of preparation prolongs the mediation process and increases its cost. At worst, failure to prepare wastes a great
opportunity to bring a dispute to an earlier and less expensive
resolution.
Preparation is as critical to success in mediation as it is
to success at trial or in arbitration.
But, to a great extent, the kind of preparation needed for mediation is
quite different from the kind of preparation needed for trial.
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