a. Prepare well in advance. Consider strengths and weaknesses on both sides. Ask yourself and the client what you actually wish to achieve – and why. What are the options for resolution? What are the risks and benefits of different routes? For example, if the case does not resolve in the mediation, what will happen? It is often helpful to consider your Best Alternative to a Negotiated Agreement (BATNA) and the Worst Alternative…. (WATNA).

b. Gather all the relevant documentation and sift out the crucial facts. What will matter in the discussions which are designed to achieve a settlement? What are the real issues in the case? What are your client’s true interests? What concerns does he / she have? What factors are relevant other than those in the documents or court papers? What proposals might you make?

c. Consider how best to present the client’s case. What will make most impact on the other party, in a constructive way? What might they not know or understand? What might help to break deadlock? What more do you need to know? What questions do you wish to ask?

d. At the start of the mediation, there is an opportunity to present a statement of the client’s position in the opening joint meeting. Who will do this? You or the client? Subsequently, you and the client will probably have meetings in private with the mediator. What can you usefully discuss and reveal in these, confidential, meetings?

e. At different times, you may act as advocate, adviser and counsel to your client. Think about how you might prepare yourself and your client for these roles. What difficulties might you face? Can you help your client to negotiate effectively and to listen to and respond to the other side?