How To Prepare For Mediation

Physical Preparation

Each participant should prepare the following data and plans for mediation:

1.  Contracts And Documents:  Documents that are being disputed or that support      contentions and concerns.

2.  Real Or Demonstrate Evidance:  i.e.; the physical item, pictures or models      that illustrate what the dispute is about.

3.  Statements By Witnesses:  either written or in person, who have first-hand      knowledge of the facts.

4.  Third Party Documents:  such as public records, business records, medical      bills or other papers prepared by outside parties.

5.  Expert Opinion Reports:  from a doctor, engineer or any specialist who, by      training or experience, ha specialized knowledge in a field that will support the      claim.

6.  Other Documents: such as graphs, plats, calculations, etc. created by either      party to explain or clarify their contentions.


1. Do you really desire to negotiate a settlement? What is an acceptable financial     range in which to settle the case? Are you reasonable in your evaluation?

2. What is your negotiation demand or offer? Plan the negotiation so that after     adjusting your position two or three times you end up in a range where you can     reasonably accept settlement and closure.

3. Objectively evaluate and write down the strengths and weaknesses of your claim.     Do the same for the other party, as if you were on that side of the dispute.

4. Identify factors that may affect your settlement, pro and con.

5. Prepare questions to use during presentation and negotiations to help you clarify     and present your view of the dispute and to lay the groundwork for your evaluation     and eventual settlement.

6. Be prepared to share responsibility as you objectively see it.

7. Focus on your interest - not your rights!

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