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How to Prepare for Mediation

Written by: Dean Adrian Kent

Reputation Level 6

Lawsuits Mediation

Posted over 2 years ago. Applies to Florida, 1 helpful vote, 0 comments

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How to Prepare for Mediation as a client

Get to know the process, the procedure, the strengths and weaknesses of your case and your opponent's case and try to do some critical thinking about what an acceptable resolution of the suit would be for all parties to the dispute. Meet with your attorneys and prepare and discuss the potential outcomes, what is important to you in the mediation, how you would "write the conclusion" of the litigation if you could, consider the costs involved and get an idea of at what point does settlement no longer make any economic/social sense.

At the Mediation

Be open minded and consider all options and proposals presented. The ultimate decision on whether to settle a case rests with the client so don't be bullied or pressured by counsel or the mediator. Take into consideration the emotional and psychological issues in mediation being experienced by the parties, not simply the money or claims involved. If the parties are not making progress towards a settlement, seek to declare an impasse and move forward with trial.