Lawyer Tips: Preparing for Mediation

• Do not be over-macho in opening statement- When you make am opening statement which is going to be heard from the other side, do not necessarily be over-aggressive as you may want to consider how this will be received from the other side.
  
• Be prepared on legal costs – A mediator may very well wish to probe you on the level of legal costs so be ready to deal with this.
  
• Distinguish between wants & needs – I may want a luxury performance car such as a Ferrari but I may need a car which gets me from A to B.
  
• Consider consequences of a failed mediation – No matter how good your mediator is, there is always a risk that the mediation will fail. Think what would happen if the case did not settle.
  
• Assess Strengths & Weaknesses – If there are strengths & weaknesses in your position, acknowledge them now. In the private sessions the mediator is more likely to probe you on the weaknesses so be ready here.
  
• Prepare during the private sessions – When the mediator is engaged in the private session with the other party ensure that you are still preparing on the case and being ready with your next move.
  
• The importance of signing on the day, who drafts the agreement & how is it enforced. In my experience it is much better to get the deal signed there and then whilst you have the momentum of the mediation going with you.

Contact Human Law Mediation on 0844 800 3249. 

Justin Patten is an Accredited Mediator with the Academy of Experts who has advised in many workplace and personal injury disputes. As a qualified solicitor he has also acted for clients on a wide range of disputes and is fully familiar with the legal process. Over the last 18 months he has elected to specialise in mediation, providing a full mediation service direct to businesses and via law firms, as well as providing practical mediation training. If you would like to reproduce this article please contact Justin Patten on 0844 800 3249.