Preparing the Parties for Success: The Pre-Mediation Meeting

A mediator's work can begin long before the parties enter the room. A proactive pre-mediation briefing, whether through a phone call or a short document, can dramatically increase the chances of success.

The first goal is managing expectations. Explain to the parties (and their lawyers) that mediation is a process of negotiation and compromise, not a trial where a judge will declare a winner. Clarify your role as a neutral facilitator, not a judge. This prevents misconceptions that can lead to frustration on the day.

The second goal is ensuring preparation. Encourage the parties to think about three key things before they arrive:

1. Their objectives: What does a good outcome look like for them, beyond just money?

2. The other side's perspective: Why might the other party see this situation differently?

3. Their BATNA (Best Alternative to a Negotiated Agreement): What is their realistic alternative if the mediation fails?

Finally, handle the logistics. Confirm who will be attending and ensure they have the full authority to settle. Confirm the location or test the online platform. By addressing these procedural and psychological elements beforehand, you ensure the parties arrive at the mediation ready to engage constructively, saving valuable time and setting the stage for a successful resolution.