The Dozen 'Do's' for Exploiting Mediation's Potential

1. Talk to the mediator about what you need from them (as a professional) well in advance of the session
2. Perpare client by doing a SWOT analysis
3. Bring in important exhibits, documents
4. Readily concede points that are of little consequence to you but are important to others
5. Insist on decision makers with the necessary authority being present at the table
6. Make sure all of the 'constituents' (defined as 'those who ought not to be surprised') are at the table
7. Demonstrate an understanding of the other side's position and perspective in the joint session
8. Acknowledge during the opening that all sides have their legal positions and that we will not be debating or arguing those but rather exploring settlement possibilities
9. Exercise patience with the mediator and the mediation process. No two parties and/or lawyers negotiate at the same pace
10. Avoid burning bridges or making gratuitous, unqualified statements that you or your client might later need to resile from
11. Find what the other side values and deliver as much value in their terms as possible
12. Be tenacious (hang in there!)

Published with permission from the International Academy of Mediators

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