MEDIATION PREPARATION GUIDE

A Step-by-Step Guide to Preparing for Mediation Without a Lawyer

WHAT IS THIS GUIDE FOR?

This guide helps you prepare for mediation when you are representing yourself. It covers:
- What mediation is and how it works
- How to prepare your case
- What to expect during the session
- How to negotiate effectively

UNDERSTANDING MEDIATION

What Is Mediation?

Mediation is a process where a neutral third person (the mediator) helps you and the other party try to reach an agreement. Unlike a judge or arbitrator, the mediator:
- Does NOT decide who is right or wrong
- Does NOT force you to agree to anything
- DOES help you communicate
- DOES suggest possible solutions
- DOES help you understand each other's perspectives

Why Mediation?

Advantages:
☐ You control the outcome
☐ Faster than going to court
☐ Less expensive than litigation
☐ Confidential (usually)
☐ More flexible solutions than a court can order
☐ Preserves relationships
☐ Less stressful than trial

Mediation is NOT:
☐ Binding (until you sign an agreement)
☐ A trial or hearing
☐ A place where someone decides your case
☐ Required to result in agreement

When Mediation Works Best

☐ Both parties want to resolve the dispute
☐ Communication has broken down
☐ There are multiple issues to resolve
☐ You want to preserve a relationship
☐ You want privacy
☐ There are interests beyond just money

When Mediation May Not Work

☐ One party refuses to negotiate in good faith
☐ There is domestic violence or power imbalance
☐ You need a legal precedent
☐ Emergency relief is needed
☐ Criminal charges are involved

STEP 1: UNDERSTAND YOUR DISPUTE

Define the Issues

What are you fighting about? List each issue:

Identify Your Interests

Interests are WHY you want what you want. They go deeper than your stated position.

Example:
- Position: "I want $5,000"
- Interest: "I need to cover my medical bills so I can move on"

Your Interests:

Consider Their Interests

Understanding the other side's interests helps you find solutions.

Their Possible Interests:
- [________________________________]
- [________________________________]
- [________________________________]

STEP 2: KNOW YOUR BATNA

What Is BATNA?

BATNA = Best Alternative To a Negotiated Agreement

Your BATNA is what happens if you don't reach agreement in mediation. It's your "Plan B."

Calculate Your BATNA

If mediation fails, what are your options?

☐ Go to trial/hearing
☐ Drop the matter
☐ Continue as things are
☐ File a complaint with an agency
☐ Other: [________________________________]

Costs of Not Settling:

Key Question: At what point is a settlement offer better than going forward?

Your "walk-away" point: [________________________________]

STEP 3: PREPARE YOUR CASE

Gather Documents

☐ Contracts or agreements
☐ Receipts and invoices
☐ Photos or videos
☐ Correspondence (emails, texts, letters)
☐ Witness statements
☐ Expert reports
☐ Medical records (if relevant)
☐ Financial documents
☐ Timeline of events
☐ Any court filings

Organize Your Evidence

Create a folder or binder with:
1. Summary of your position (1 page)
2. Timeline of key events
3. Key documents (organized by topic)
4. List of damages/amounts claimed

Prepare a Mediation Statement

Many mediators request a written statement before mediation. Even if not required, preparing one helps clarify your thinking.

Mediation Statement Outline:

1. Summary of the Dispute (1-2 paragraphs)
What is this case about? Give a brief, neutral description.

2. Key Facts (bullet points)
List 5-10 most important facts that support your position.

3. Issues to Be Resolved
List each issue clearly.

4. Your Position on Each Issue
What do you want for each issue?

5. Prior Settlement Discussions
What offers have been made? Why didn't they work?

6. Settlement Range
What settlement terms would be acceptable to you?

Practice Your Presentation

You may be asked to explain your perspective. Practice:
- A 2-minute summary of the dispute
- A clear statement of what you want
- Calm responses to difficult questions

STEP 4: KNOW THE PROCESS

Before Mediation

1. Receive mediation notice with date, time, location
2. Exchange mediation statements (if required)
3. Review all documents
4. Prepare your presentation

Day of Mediation

What to Bring:
☐ Copies of all relevant documents
☐ Your mediation statement
☐ Calculator
☐ Notepad and pen
☐ Any authority to settle (if representing a business)
☐ Photo ID (some locations require)
☐ Payment for mediator (if required)

What to Wear:
- Business casual is usually appropriate
- Dress respectfully as you would for court

Structure of a Typical Mediation

1. Opening by Mediator (10-15 minutes)
- Introductions
- Explanation of process
- Ground rules
- Confidentiality

2. Opening Statements (10-20 minutes each)
- Each party describes their view
- Uninterrupted
- Focus on key issues and what you want

3. Joint Discussion (varies)
- Mediator guides discussion
- Identifies issues and interests
- Explores possible solutions

4. Private Sessions (Caucuses) (varies)
- Mediator meets separately with each party
- Confidential
- Explore settlement options
- Reality testing

5. Negotiation (varies)
- Proposals and counterproposals
- Mediator assists with communication

6. Agreement or Impasse
- If agreement: Write and sign settlement
- If no agreement: Discuss next steps

STEP 5: EFFECTIVE NEGOTIATION STRATEGIES

Do's

☐ Listen actively - Understand their perspective
☐ Stay calm - Don't react emotionally
☐ Focus on interests - Not just positions
☐ Be honest - Credibility matters
☐ Be flexible - Consider creative solutions
☐ Ask questions - Understand before proposing
☐ Take breaks - If emotions run high
☐ Be patient - Good settlements take time

Don'ts

☐ Don't interrupt - Let them finish
☐ Don't threaten - Damages trust
☐ Don't attack personally - Focus on issues
☐ Don't reveal your bottom line - Negotiate first
☐ Don't rush - Think before agreeing
☐ Don't lie - Undermines the process
☐ Don't refuse to negotiate - You're there to try

Responding to Difficult Situations

If they make a lowball offer:
"I understand that's your position. Help me understand how you arrived at that number."

If they get angry:
"I can see this is frustrating. Can we take a short break?"

If they won't move:
"What would it take for us to find middle ground?"

If they attack you personally:
"I'd like to focus on the issues. Can we talk about [specific issue]?"

Making and Responding to Offers

Making an offer:
- Start with a reasonable position (not too extreme)
- Explain your reasoning
- Be prepared to justify your numbers
- Leave room to negotiate

Responding to an offer:
- Don't reject immediately
- Ask questions to understand it
- Acknowledge any movement
- Make a counteroffer

STEP 6: REACHING AGREEMENT

Before You Sign

☐ Make sure you understand every term
☐ Ask questions about anything unclear
☐ Consider whether you can actually do what's promised
☐ Think about "what ifs" - are contingencies covered?
☐ Get important terms in writing (not just verbal)
☐ If unsure, ask for time to review

Settlement Agreement Checklist

A good settlement agreement includes:

☐ Who - Full names of all parties
☐ What - Specific terms (amounts, actions, deadlines)
☐ When - Deadlines for each obligation
☐ How - Method of payment/performance
☐ What If - Consequences of non-compliance
☐ Signatures - All parties sign and date
☐ Copies - Everyone gets a signed copy

Sample Settlement Agreement Terms

SETTLEMENT AGREEMENT

This agreement is entered into on [__/__/____] between:

Party A: [________________________________]
Party B: [________________________________]

TERMS:

1. [Party A/B] agrees to pay [Party B/A] $[________] in full settlement of all claims.

2. Payment shall be made by [check/money order/wire transfer] on or before [__/__/____].

3. Payment shall be sent to: [________________________________]

4. Upon receipt of payment, [Party B/A] agrees to [dismiss the case/release all claims/etc.].

5. This agreement is confidential and neither party will disclose the terms.

6. This agreement is the complete agreement between the parties regarding this dispute.

7. This agreement may be enforced by the court if either party fails to comply.

Signed:

______________________________ Date: [__/__/____]
[Party A Name]

______________________________ Date: [__/__/____]
[Party B Name]

If You Don't Reach Agreement

Not all mediations result in settlement. If you don't reach agreement:
- You can request another mediation session
- You can continue negotiating on your own
- You can proceed to trial/hearing
- Your statements in mediation are usually confidential and cannot be used in court

MEDIATION PREPARATION CHECKLIST

Two Weeks Before

☐ Review all documents related to the dispute
☐ Create a timeline of events
☐ Identify your interests (not just positions)
☐ Calculate your BATNA
☐ Determine your settlement range

One Week Before

☐ Prepare your mediation statement
☐ Organize your documents
☐ Practice your opening statement
☐ Think about creative solutions
☐ Research the other party's likely interests

Day Before

☐ Confirm date, time, and location
☐ Gather all documents to bring
☐ Review your notes
☐ Get a good night's sleep
☐ Plan your travel (arrive early)

Day Of

☐ Bring all documents
☐ Bring notepad and pen
☐ Arrive 15 minutes early
☐ Turn off your phone
☐ Stay calm and focused

TRACKING YOUR MEDIATION

Mediation Details

Mediation date: [__/__/____]
Time: [____]
Location: [________________________________]
Mediator name: [________________________________]
Contact: [________________________________]

Other Party Information

Name: [________________________________]
Attorney (if any): [________________________________]
Contact: [________________________________]

My Preparation

☐ Documents gathered
☐ Statement prepared
☐ BATNA calculated
☐ Settlement range determined:
- Best case: $[________________________________]
- Acceptable: $[________________________________]
- Walk-away point: $[________________________________]

Outcome

☐ Settlement reached
☐ No settlement - continuing to [________________]

Settlement terms: [________________________________]

Signed agreement: ☐ Yes ☐ No

Next steps: [________________________________]

SOURCES AND REFERENCES

• American Arbitration Association: www.adr.org
• Mediation.com Resources: www.mediation.com
• Court ADR Programs: Check your local court website
• "Getting to Yes" by Fisher and Ury (recommended reading)
• Association for Conflict Resolution: www.acrnet.org

This guide is for informational purposes only and does not constitute legal advice. Mediation processes vary by program and jurisdiction. For significant disputes or complex legal issues, consider consulting with an attorney before or during mediation.