The time before a mediation is a great opportunity to prepare for the mediation. You should ensure that you have a discussion with he mediator about what will happen during the mediation. You should also discuss with the mediator who will be attending the mediation.
Who will attend?
You should give careful thought as to who should attend the mediation with you. If you are legally represented then you may want your lawyer to attend with you. If the other side will attend with a lawyer you may want to consider whether you need a lawyer with you.
If you have someone that you usually involve in your decision-making, you may want to consider bringing them to the mediation to support you. If they are not able to come then you may want to make sure they will be available for your phone calls.
Even more importantly, if the mediation concerns someone else then you will want to discuss with the mediator bringing them along. For example, if this is a family mediation and there are children, you may want to discuss whether the mediator could conduct a child-inclusive mediation. This may not always be appropriate if the children are very young, but for older teenagers they may want to participate.
Document or information?
In addition to who will be there, you should consider if you need to bring any documents or information. Ideally the mediation will not be a repeat of past arguments where you and the other side trade blows. The point of the mediation is to move forward and to seek a solution. However, if there is information that you think could help the discussion then you should consider bringing that with you.
Timing and location
The mediator will want to arrange the timing and location for the mediation. There are practical arrangements that will need to be agreed with the other side. You should ensure that you have time to attend the mediation. Although mediations may take no more than a couple of hours, they may run longer than planned. If you are close to a settlement it can be crucial to be able to stay for that last hour.
Expectations?
The mediator may also start talking to you about what could happen during the mediation. You should think about what your expectations are and if they are reasonable. Being mentally prepared can really help to make the mediation session more productive.
You should think about what you are willing to offer or accept. Do not go with a closed mind, but if you have some ideas this may be a starting point this can be helpful to move the mediation forward.
Talk to the mediator
If you have any questions about the process or any concerns you should discuss them with the mediator. For example, if you are nervous about being in the same room as the other side, you should let the mediator know. It may be possible for you and the other side to sit in separate rooms, or to have ground rules that could make you feel safe and comfortable.
Mediation brief
If your dispute is very complex, then the mediator may ask you and the other side to prepare a mediation brief for them setting out the details of the dispute. This may be confidential to the mediator only or it may be shared with the other side, depending on what you agree. This can be helpful in terms of helping you to analyse the dispute and also for the mediator to see what is important to you at the beginning of the session.
Talk to your lawyer
If you do have a lawyer representing you then make sure to speak with them before the mediation. If you are in the middle of litigation then your lawyer may want to give you guidance about what information you can share. Although mediations are confidential, you cannot unlearn what you have learnt.