Here’s a checklist for preparing for mediation. This checklist is based on the premise that since you know that more than 98% of cases do NOT go to trial, you’ll set aside the time to maximize your ability to both claim the most value and create the most value for your clients at mediation. Many of these items will seem like second nature to you, but cut me a little slack, and I’ll see if I can provide some value to you.
- Listen to your client
- Review the facts and law
- Gather documents
- Calculate damages
- Draft the mediation brief
- Match the mediator to the case
- Evaluate your BATNA and their BATNA
- Appraise the Zone of Possible Agreement
- Prepare visual aids and distributables
- Role play: have a colleague take your side while you take the other side’s side
- Create value (with strategies to make the pie larger)
- Exploit your differences: trade items of lesser value to you but greater value to the other side
- Strategize for the joint session
- Script your moves
- Line up your negotiation strategies
- Anticipate their negotiation strategies
- Assess the best “process” for mediation success
- Adjust your attitude to be positive
- Prepare your client
- Check in with the other side or the mediator or both prior to the mediation
Now you’re good to go.
For a downloadable version of this checklist, with more detail, click here.