How should you prepare for mediation?
Preparation is extremely important to maximise your prospects of achieving a settlement at mediation.
Preparation for a court or arbitration hearing involves rehearsing your case and familiarising yourself with the evidence, in order to present the strongest possible case to the judge or arbitrator who will decide the case.
Preparation for mediation is different. It requires a dispassionate analysis of the dispute and what is required - both by you and the other party - to achieve a settlement all parties can live with.
So you need to consider the following:
What is the background to the dispute and how did it start?
What are the strengths and weaknesses of your case?
What are the strengths and weaknesses of your opponent's case?
What do you need to achieve a fair and workable solution at mediation?
What can you offer the other side which might help them to move their position?
What are your realistic prospects of succeeding in litigation or arbitration if the case does not settle at mediation and how much will it cost you to get there?
The object of mediation is a negotiated settlement. This requires collaboration from all parties so think yourself into a problem solving frame of mind.