Yes, you should PREPARE for Mediation. This is your one chance to resolve this conflict BEFORE trial, so here’s how to give it 110% effort.
5 Ways to Prepare for Mediation
- Get all your paperwork printed and organized in a file. A pet-peve of mine is to watch parties who bring in NOTHING, try to call for help, text for help, or find things on email. This wastes everyone time. Having things stored on a laptop seems techy, but laptops run out of battery, and you can’t easily make notes on the fly. PRINT it out!
- Know your case. You’ll be asked (or your lawyer) to give a brief summary of why you’re here (in mediation). Prepare a 2-3 sentence summary.
- Rest up the night before, get a good sleep, and prepare emotionally. Often, just the thought of conflict can make people angry, emotional, distraught, or all the above.
- Know that Mediation is exhausting, and carve out a whole day. So, your mediation is scheduled for 10am, and most don’t last more than a whole day. That means you’ll be ready to catch up on work after the mediation, and into the night. No. You’ll be exhausted after mediation, even if it lasts 1-3 hours (probably on average). Clear out your schedule for that day, and avoid
- Prepare to negotiate. 50% of mediations settle, but ALL have the potential to settle or end in agreement. Come into the mediation with the mindset of giving a little to gain a lot.
TJ Hilliard is a GA Lawyer, practicing for the last 2 years, specializing in: landlord tenant, contract disputes, and business formation.