Preparation enhances a mediator’s performance. A well-prepared mediator will understand the case before counsel give opening statements and will have devised a strategy for leading the parties to a settlement. The mediator is unlikely, however, to review cases or statutes cited by the parties in their confidential statements unless copies are provided. So, where a claim or defense is based on a particular legal authority, make sure the mediator has a copy in advance of the mediation conference. A highlighted copy is even better!
Francis Carter
