It has been said that one of the best moments in one's life is when opportunity and preparedness meet.  This is most assuredly true when it comes to Mediation of a claim or law suit.  The process of resolving a dispute can be complex, expensive and very stressful.  Mediation provides the parties with an opportunity to lay down their swords long enough to focus on a negotiated solution.  A resolution, negotiated by the parties, is often far more satisfying than one that is forced upon the parties by a judge or a jury.  There is no need to wait months or years for a trial date.

With such a golden opportunity to dave time, money, and potentially valuable relationships, one should be well prepared.  Mediation is often the first opportunity that the parties will have an opportunity to hear the dispute framed from the point of view of the other side.  The Mediator will make sure that each side will be given the undivided attention of the other parties in order to articulate what the dispute is all about from their unique point of view.  In order to make such a presentation as compelling as possible, here are a few things that you may wish to bring to the Mediation.

1. Real or Demonstrative Evidence such as pictures, mock-ups, models, graphs, charts, or a physical item that will help to illustrage the dispute in more tangible terms.

2. Witness Statements from those with first hand knowledge of the facts.  These can be written or presented live nder certain circumstances.

3.  Third Party Documents such as business records, invoices, public records, or other such documents prepared by non-parties to the dispute.

4.  Expert Reports from an Architect, Engineer, or ther specialist who, by training and experience, has specialized knowledge in the field that would support the claim.

5. Any Other Information that might support, explain, or clarify your position.

Success in Mediation depends, in large measure, upon the amount of desire that the parties have to resolve the dispute.  Before coming to Mediation, here are some questions that one may wish to ask oneself:

1. Attitude: Do I really want to settle this case?  Will I participate in good faith?

2. Evaluate: What is an acceptable financial range within which to settle?  Is this a reasonable evaluation? Based upon what objective criteria?  What are the strengths and weaknesses of my case?  What are the strengths and weaknesses of their case (if I were in their shoes)?

3. Identify: Any issues of factors that may prevent resolution one way or another.

4. Question: What is it that you need to know from the other parties that will help bring the matter to a resolution? Prepare some questions and bring them with you.

5. Focus: On your INTERESTS - not your positions.  Positions can be argued at trial.  What are your "interests" that need to be addressed making resolution possible?

6. Strategize: What is your opening demand or offer?  Plan the negotiation so that after adjusting your position a couple of times, you will end up in an acceptable range to resolve the dispute.

Only the parties to a dispute and their counsel know the keys to the negotiation process that will unlock the door to success at Mediation.  These few ideas will help provide a foundation upon which one can prepare.  Good luck with your upcoming Mediation.