Getting Ready

checklistTHINGS TO THINK ABOUT BEFORE AND DURING MEDIATION

Selection of a mediator (also known as a “Professional Neutral”)

  • What if any characteristics of a mediator may be important in understanding your dispute?  

  • You may want talk to attorneys who have used a suggested mediator about the mediator’s particular approach to mediation.

  • If you’ve not previously used a prospective mediator, ask about the mediator’s experience with your type of dispute.

When is the best time to mediate?

  • When you have enough information to evaluate your case on liability?

  • When you have enough information to evaluate your case on damages?

  • When you believe the other party has enough actual knowledge about the strengths of your case, or the weaknesses of their own case to be realistic about the settlement value?

  • When all the persons you need to participate in the mediation are available and prepared to move forward toward resolution.

If you do not reach a settlement during the mediation, you may want to keep the mediator involved if additional fact-finding makes further negotiations possible.