Prepare for Mediation

Guide to Help You Prepare for the Best Outcomes

Mediation works best when everyone participates respectfully and constructively. These tips will help you achieve the best possible outcome:

1. Focus on Resolution, Not Arguments

  • Keep the conversation forward-looking—focus on solutions for today and the future.
  • Avoid dwelling on past conflicts or assigning blame.
  • Remember: arguing rarely changes minds and can slow progress.

 

2. Communicate with Respect

  • Speak calmly and courteously.
  • Allow others to finish before responding.
  • Avoid sarcasm, criticism, threats, or judgmental remarks.
  • Treat everyone—including the mediator—with professionalism.

 

3. Be Constructive and Patient

  • Assume all participants are acting in good faith.
  • Listen carefully to each person’s goals and concerns.
  • Explain why you want a certain outcome instead of making demands.
  • Be willing to compromise when possible.
  • If emotions run high or progress stalls, ask for a short break.

 

4. Speak for Yourself

  • Use “I” statements instead of “You” statements (e.g., “I feel…” rather than “You always…”).
  • Share your true interests honestly.
  • Be transparent and sincere throughout the process.

 

5. Prepare Ahead

  • Think about your main concerns and what outcomes would work for you.
  • Bring any relevant documents or notes that will help clarify your position.

 

Remember:

Mediation is about finding solutions together. These guidelines can help make the process smoother, less stressful, and more successful for everyone involved.

 

 

Litigation vs. Mediation: A Comparison

 

COMPARE LITIGATION MEDIATION

Accessibility

 

Months or possible years

 

Usually days or weeks

 

Cost

 

Significant cost in terms of both time and money

 

Comparatively nominal

 

Preparation

 

Trial preparation is expensive, time consuming and costly

 

Should be through but is much less time consuming and costly

 

Risk

 

Is a Win/Lose situation. Each party’s fate is taken out of their hands and placed into the hands of the judge and jury.

 

Normally results in a Win/Win outcome with the parties mutually agreeing to a resolution that each is satisfied with. The process is risk free. It's completely confidential and if there is no resolution, the parties still have every legal remedy available to them.

 

Focus

 

The focus is primarily on the facts and the law.

 

The focus is on the parties' respective positions, issues, interests and emotions. All points of view are considered.

 

Procedure

 

Trial procedure is highly structured and for most parties, stressful and traumatic.

 

Is more informal and relaxed. Less threatening and stressful. Allow parties the opportunity to freely express themselves.

 

Results

 

Normally produces a winner and a loser resulting in at least one party being dissatisfied and unhappy. It is not uncommon for all parties involved to be less than satisfied with the outcome.

 

Generally, produces a favorable outcome with a high degree of satisfaction on the part of all parties with both the process and the results. Nationally, approximately 75 percent of all cases submitted to mediation result in an agreement between the parties.