If you have a mediation coming up, it is completely normal to feel a bit anxious. While we provide all of our clients with a written mediation prep handout, we know that sometimes it helps to hear things explained directly.
Mediation is often your best opportunity to resolve your case without the stress, time, and expense of a full trial. To help you feel confident and ready, here are four crucial tips to keep in mind as you prepare for your mediation day.
- Take a Deep Breath: You Won’t Be Sitting in the Same Room
One of the biggest worries clients have is having to sit across the table from the opposing party. You can breathe a sigh of relief: you will not have to sit in the same room with the other side.
You will be in a private room with us (your legal team), while the other party and their attorney will be in a separate room. The mediator will go back and forth between the two rooms to shuttle offers and ideas. Unless you accidentally pass each other in the hallway or near the restroom, you won’t have to interact with them at all.
- Handle “Outside Opinion” Decision-Makers Wisely
You are an adult, and you ultimately make your own decisions. However, a common pitfall in mediation happens when a client calls a third party, like a parent, spouse, or new partner, throughout the day, or right at the end to get their approval.
When someone on the phone hears a summary of the final agreement, their reaction is often: “That sounds terrible! Don’t sign that!” They say this because they weren’t in the room to see the hours of back-and-forth negotiation, concessions, and context that led to that point.
Our advice: If there is someone in your life whose approval you absolutely need before making a final decision, bring them with you to the mediation.
- Having all primary decision-makers in the room ensures everyone understands how the agreement is shaped.
- Note: The other side or mediator has the right to ask non-parties to leave the room, but having them physically present to start is much better than relying on a last-minute phone call.
- Bring Digital Access to Your Financial Documents
Negotiations move quickly, and numbers will be discussed. You don’t want to get stuck trying to guess an essential figure.
Make sure to bring a laptop, iPad, or at least a fully charged smartphone so you can access your accounts online. You will likely need quick access to:
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- Proof of income (recent pay stubs or tax details)
- Health and medical insurance information (who is covered, premium costs, deductible details)
- Recent bank statements and financial records
Being able to pull up a document in seconds keeps the momentum going in your favor.
- Clear Your Schedule for the Entire Day
If you have children or work commitments, please plan ahead as if mediation will take all day.
Telling us halfway through that you have to leave in two hours to pick up your kids is not an option—it can derail hours of hard work right at the finish line. Arrange for childcare, take the full day off work, and keep your schedule completely clear. Because mediation is your best shot at settling your case short of trial, we want to stay as long as it takes to get the job done.
We’re in Your Corner
Our goal in entering mediation is to resolve your case on terms you can live with, avoiding the uncertainty of a courtroom trial. Prior to the mediation date, we will touch base with you to ensure we are 100% prepared.
If you have any questions before mediation day, don’t hesitate to reach out to our team. We’re in this with you!