Effective Strategies to Prepare for Mediation
May 27, 2026
The article “Effective Strategies for Preparing Clients for Mediation,” by Chad J. Tamaroff of Greenspoon Marder LLP, serves as a practical guide for legal counsel to ensure their clients are prepared for mediation. Rather than treating it as a trial, the guide emphasizes mediation as a collaborative problem-solving forum where success is defined by mutually acceptable resolution rather than “total victory.”
Key Takeaways:
Shift Your Mindset to Problem-Solving: Success in mediation isn’t about “total victory,” it’s about reaching a resolution that protects your interests. Before the session begins, establish a realistic settlement range and clear walk-away points. A potential settlement will be weighed against the costs, time, and uncertainty of continuing toward a trial.
Understand the Mediator’s Role: The mediator is a neutral facilitator, not a judge. Expect “reality testing”: the mediator will likely challenge the strengths of the case and the weaknesses of the other side. This is a normal part of the process designed to help both parties see the risks of not settling. Everything said in private sessions (caucuses) stays between the parties and the mediator unless permission is specifically given to share it.
Prepare for “Shuttle Diplomacy”: Mediation involves a lot of back-and-forth. The session may begin with all parties in one room, but most of the time will be spent in a private room while the mediator moves between parties to exchange offers. This process can be slow and sometimes repetitive. It is a marathon of negotiation, not a sprint.
Manage Emotions and Stay Focused on Risk: Disputes are naturally stressful, and the opposing side may say things that are difficult to hear. Counsel will help separate the emotional tension from the logical evaluation of risk. In joint sessions, active listening without interrupting often reveals the keys to what the other side needs to settle.
Be Ready to Close the Deal If an agreement is reached, a binding document should be signed that same day. All necessary decision-makers should be available and have full authority to make a final decision. A draft “term sheet” should be prepared in advance to avoid any loose ends regarding payment timelines, confidentiality, or releases.
Strategic Information Sharing: Determine in advance what evidence to disclose and when. Using “information trades” can unlock value without compromising the trial position if mediation fails.
Counsel’s role throughout this process is to serve as guide and advocate, managing the flow of information, safeguarding client interests, and helping to translate legal risks into sound business or personal decisions.
To read the full article, click here.
To learn how CASTAYBERT PLLC can assist you in mediation, click here.
