Preparing For and Using Mediation Prepare yourself • Reflect on the strength and weakness or your opponent’s case. Write up three reasons that explain why your opponent has not settled. Consider the likely opening offer range of the opponent and his likely first two or three positions. • Contemplate whether anything could be said to the opposing party that would lead him or her to change their position. • Now do the same for your own case. Consider how any of these calculations might affect your relationship and interaction with the mediator. Prepare your client. • Make sure you and your client understand the client’s interests. No just monetary goals, but over all goals for the mediation. • Pay particular attention to results that might come from mediation that a court wouldn’t or couldn’t do. • Pay particular attention to results that might come from mediation that a court wouldn’t or couldn’t do. • Talk about the consequences of not reaching an agreement. • Talk about whether or not it might pay for the client to present part or all of the opening remarks. Use the mediator • Be realistic and honest with the mediator • Enlist the mediator to move your client from unrealistic positions. • Let the mediator handle the touchy issues with the opponent and tell the mediator what they are.
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