1. Start with a Strong Mediation Statement
Many litigants underestimate the value of a detailed mediation statement. A well-prepared statement helps the mediator understand the facts, legal issues, and each party’s position, making them far more effective in facilitating meaningful—and often successful—discussions.
2. Skip the Arguments in Opening Statements
The opening is not the time to argue your case. Use it to explain your view of the facts and applicable law. Think of it as previewing your trial strategy, helping the other side better understand your position so they can make informed decisions.
3. Make Your Opening Statement Count
Your client and the mediator already know your story. This statement is for the opposing party. Clearly present how you plan to argue your case at trial to shape expectations and influence their evaluation.
4. Bring More Than Just Token Authority—and an Open Mind
Mediation isn’t a procedural hurdle. It’s a real opportunity. Courts require it for a reason: to promote good faith resolution. Showing up with an offensively low offer sends the wrong message. You’re not there to win; you’re there to settle.
5. Don’t Start with an Unrealistic Demand
Just as lowball offers can stall progress, sky-high demands can poison the process. Be thoughtful about your case’s value and come in ready to talk. The goal is settlement, not posturing.
6. Lead with Empathy
Behind every case is a person—sometimes many. If you’re the plaintiff, consider how you’d feel being sued. If you’re the defendant, consider the impact of injury or loss. Understanding the other side humanizes the process and often fosters resolution.
7. Save Your Big Moves for When You Need Them
Don’t lead with threats or bombshells. Gauge the tone first. Aggressive tactics early on can derail discussions before they even begin.
8. Offer to Cover the Mediation Fee
It may seem small, but this gesture often tips the scale. That one goodwill move can break a negotiation logjam and lead to settlement.
9. Keep the Door Open if You’re Close
If parties are within striking distance, leave your offer on the table after mediation. Sometimes the other side just needs to check a few boxes before finalizing.
10. Don’t Be Afraid to Call the Mediator Afterward
Many mediators will continue to help with post-mediation negotiations at no charge—but ask first. A quick follow-up call can sometimes succeed where the session fell just short.
Need Help Navigating Mediation?
Mediation is both an art and a strategy—and preparation can make all the difference. If you have questions or need guidance tailored to your case, don’t hesitate to reach out.
Contact Jessica Prats at: jlp@kubickidraper.com.