Be familiar with the facts of your case. Share that information with your mediation attorney. Mediation may not be successful if your mediation attorney does not have all the facts.

When mediating, your mediation attorney must prepare and plan as if you were going to trial.

Select an effective mediation attorney. Ask for recommendations from family and friends. Research different web sites. Consult your local bar association. Some qualities you will be looking for in a mediation attorney are: mental quickness, good preparation, and a strong command of the law.

Be prepared to tell what “really” happened. Be sure you have consulted your mediation attorney before making any statements.

Have a settlement goal. Everything that is done in mediation of your case will have meaning in reference to this goal. Also know that flexibility will go a long way to helping you reach that goal.

Mediation is a time for listening. Be polite and gracious. When it is your turn to speak the other side will listen.
Know the mediation rules. When mediating, don’t be impatient. Keep your settlement goal in mind.

Only walk out when your mediation attorney tells you to.

Be open to make a few small concessions. This may break an impasse.

Your goal is to reach a deal by the end of the day. When a deal is made, get all the details in writing. Your mediation attorney will have a basic “fill in the blank” form to be used at settlement.