Disputes are between parties. A major reason parties use mediation is to keep control over the outcome. The mediation process can "add value" to the overall outcome by allowing you to trade less-important interests for more-important ones, thus improving the outcome from the perspective of both parties. This creativity comes best if both parties and counsel see the case as a problem that needs to be solved with the opponents, not a battle to be fought against them.

The creativity of adding value, and the negotiation toward an agreement require preparation.

• Prepare Yourself as Counsel

1. Understand the case, your client, their objectives and interests
2. Understand the most likely alternative to a settlement (e.g., litigation)
3. Review case and settlement history
4. Consider who should and will attend mediation sessions
5. Prepare a Reference Notebook

• Prepare Your Client and Team

1. Explain the nature of the process - manage expectations
2. Review pre-mediation submissions
3. Have client explore her/his objectives and underlying interests
4. Review client’s alternatives
5. Set strategy, decide roles, rehearse presentations
6. Understand your settlement authority

• Prepare the Opponent

1. To persuade them to settle, they must understand the dispute, so be open
2. Balance information exchange (Don’t "give away the barn" or "hold out.")
3. Be sure your submissions and Opening Statement are well organized

• Prepare the Mediator

1. Be open with and educate the mediator - on strengths and weaknesses
2. Enable the mediator to be credible and unbiased