Hit the Ground Running: How To Prepare Clients for Mediation to Save Time and Settle Your Cas

Fri, Jan 2nd, 2026 | by Miles Mediation and Arbitration | Article | Social Share

By Steve Dunn

Mediation is a proven means of resolving disputes efficiently and cost-effectively. Yet it is important to recognize that mediation takes time. Lawyers often tell me they think mediation doesn’t really get started until 3:00 p.m. The process requires thoughtful discussion, careful negotiation, and often several rounds of proposals and counterproposals. It can feel like we spend the first several hours of mediation exchanging unrealistic proposals and only get to the “real” conversation late in the day.

While the parties may find this frustrating, getting to settlement often takes time, even among the best-prepared and diligent parties. But since we usually must complete our work in one day, the sooner parties can engage productively, the greater the likelihood of reaching resolution. Fortunately, there are some things lawyers can do to prepare their clients to hit the ground running in mediation and set us up for success.

Explain the Mediation Process in Advance
Clients frequently come to mediation with misconceptions about what will occur. Some expect an adversarial hearing, while others assume the mediator will dictate the outcome. Surprisingly often, I’ll be asked by a puzzled-looking client, “How long is this going to take? I only set aside a couple hours for this.” Others are unsure how candid they should be with me, or whether they are allowed to speak at all.

Counsel should take time before the session to explain the mediator’s role as a neutral facilitator, the structure of the proceedings, and how long it may last. A client who knows what to expect will enter the mediation with greater confidence and focus, enabling more meaningful engagement with the process.

Bring Key Documents and Testimony
Mediation is not a trial, but factual support is critical to persuasion and problem-solving. Counsel should bring organized copies of the relevant contracts, correspondence, and other pivotal documents, as well as summaries of expected witness testimony or deposition excerpts. Ready access to these materials allows the mediator to address factual disputes promptly and helps the opposing party appreciate the strength of the case, keeping negotiations on track and avoiding unnecessary delays.

If the mediation is early in the case, parties may have to agree to informal discovery. It is well worth the effort to accomplish as much of this as possible in advance of the mediation. We can sometimes dig up documents or talk to witnesses on the day of mediation, but this is far from ideal. If there is information you need to make an informed decision about settlement, be sure to let the mediator and opposing counsel know in advance.

Think About Your First Offer
There is a lot of etiquette and tradition in mediation, and one of the most common unwritten rules is that the plaintiff makes the first offer. This is not just an expectation, but an opportunity. A well-crafted first offer serves to anchor the negotiation so that every subsequent proposal feels to the defendant (whether he or she wants to admit it or not) like getting a discount. So, how should a plaintiff decide on a first offer that is high enough to set an assertive tone, but not so high as to cause the defendant to give up hope?

The plaintiff’s first offer should represent the best realistic outcome at trial. Do the math before mediation and be prepared to explain how you got there. It is important to inform the defense how you evaluate their exposure, of course, but doing this work in advance with your own client is a great way to manage unrealistic expectations.

On the defense side, come prepared with your first offer in mind, and make it a good one. As a mediator, I want to be able to walk into the plaintiff’s room and say, “Here is the defendant’s first offer. They think it is a good one, based on what they are here to do today. And they are looking to you to respond with a good move on your part.” How much should it be, exactly, depends on your goal (discussed below). There’s a huge difference between cases you’re trying to settle at $50,000 and those you are hoping to keep under $350,000, so don’t make the mistake of starting at $5000 every time. Such a thoughtless approach diminishes your ability to chart a credible path toward your goal.

Set a Goal (and Have a Back-Up Goal in Mind)
I like to think of the eventual settlement as a destination on your GPS. There are many ways to get there, but if you do not even know where you are going, you are just driving around aimlessly, or lost. It is important for lawyers and clients to talk in advance of mediation and establish their goals for resolution. Then, throughout the process, you can gradually reveal to the other side the range around your goal. This push and pull of communicating each side’s goals is the most important part of achieving settlement.

Without a goal, it is impossible to know whether each individual move is good, bad, or average. This in turn makes is difficult to send clear signals to the other side, depriving them of the opportunity to find their way into a range that works for you. Does this mean the parties should arrive with hard lines drawn around specific dollar figures? No. It’s important for clients to have a target to begin, with flexibility to adjust to new information or the possibility of changing their minds. The most effective negotiators find ways of signaling their goal range while making a series of moves consistent with those signals.

Do we accomplish our initial goals in mediation? Usually not! This is why I find it useful to have a back-up goal in mind. Begin the negotiation with a strategy to get to the desired outcome, and if it works out, great. But if it becomes apparent your target range will not settle the case, put a new destination in the GPS and adjust course. The party who prepares goals in advance of mediation will have the advantage in steering the negotiation toward their desired range.

Conclusion
Mediation succeeds when counsel and clients arrive prepared to engage in meaningful dialogue. By explaining the process in advance, establishing both primary and secondary goals, and bringing the documentation necessary to support their positions, lawyers equip their clients to participate effectively.

From a mediator’s perspective, these steps are not ancillary; they are central to the process. Advance preparation ensures that valuable time is devoted to building solutions rather than clarifying expectations or searching for missing information. Ultimately, careful preparation maximizes the potential for settlement and allows the mediation process to achieve its purpose: resolving disputes in a timely, efficient, and satisfactory manner.

*Originally published in the Daily Report and reprinted with permission.

About Steve Dunn

Steve Dunn was a litigator for over 20 years before becoming a full-time mediator in 2019. His law practice focused on business litigation, trade secrets, non-competes, wage disputes, and all forms of employment discrimination. In addition to private companies and educational institutions, Steve represented municipalities and public officials in cases involving the First Amendment, public records, and constitutional torts.