Expert Advice When You Need It Most
Posted over 2 years ago. Applies to California, 1 helpful vote, 0 comments
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1. Prepare your case.• Identify what you hope to achieve at mediation. • Monetary Damage Claims • Prepare a Detailed Summary of Damages • Include Estimates, Invoices, Receipts and Cancelled • Checks • Other Claims • Bring Photographs and Reports • Be prepared to present your case in the presence of opposing parties • Tell them how this dispute has affected your life 2
2. Evaluate available alternatives if mediation is unsuccessful.• Arbitration or Litigation? • What will it cost? • How long will it take? • What is the risk of an unsuccessful outcome? • What is your exposure to pay the other parties cost and attorney’s fees? 3
3. Exchange information with other parties BEFORE mediation.• Educate your opponent and your opponent’s attorney. • Provide them with your list of claims and supporting information • Summary of Damages • Evidence of your expenses • Photographs • Citation to legal authority which supports your position • Provide a summary of the expected testimony of other witnesses and experts 4
4. Identify what your opponent hopes to achieve at mediation.• Acknowledge your opponents valid positions Do you owe your opponent anything? • Non-monetary consideration Low cost to you/High value to your opponent? 5
5. You and your opponent are the decision makers - mediators facilitate the negotiation.Remember, the mediator is a neutral 3rd party. Their goal is to find a satisfactory agreement between both parties. 6
6. Are there other decision makers that need to be present at mediation?Make sure everyone who needs to be at the session is available (i.e.: Spouses, brokers, managers, insurance adjusters). 7
7. Are there other parties that need to be participants?Sometimes it will be necessary to have an industry specialist involved in the mediation (i.e.: Agents, home inspectors, contractors, etc.). Related Questions2 Attorney answers: 
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