Kendall C. Reed
©2007
My purpose in this article is to provide advice for parties in mediation.  The suggestions I make below are not an exhaustive list of potential useful ideas, but these seven can result in considerable improvement in effectiveness.  These suggestions are not particularly remarkable, but at the same time they might be described as “uncommon common sense.”

Tip #1: 
Prepare
It is important that participants prepare for each mediation session.  One is always tempted forgo preparation in an effort to save money, especially given the informal nature of mediation.  This is, however, usually a mistake. 

It is very important for the decision makers to be present and participate in a mediation, and it naturally follows that the decision makers should be advised in advance about the nature of the mediation process, the issues and decisions that will be faced, and the logistics of the process.

It is important that critical documents be present.  It is often the case that mediation results in changed perceptions, and this frequently involves the interpretation of critical documents.  Such a discussion is considerably easier when the important documents in the room at the Mediation session. 

It is important that each party thoroughly understand its interests and needs with respect to the underlying dispute.  If settlement is to be achieved, it will only be because the underlying interests and needs are addressed, and it is extremely difficult to address interests and needs if they remain ill-defined, assumed, and submerged.  For the same reason, it is no less important for each party to understand the interests and needs of the other party.

This article will be posted over the next few weeks with a new tip offerd each week.