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This chapter explains how to prepare for your mediation session.

While mediation isn’t nearly as complicated as a full-scale court trial, there are still many things you can do to improve your chances of achieving a positive result. How much preparation you do will depend on the facts of the dispute and how significant it is to you.

A small consumer dispute worth a couple of hundred dollars, for example, is unlikely to require nearly as much preparation as a work-related sexual harassment claim involving a lot of money and the future of your business or career.

To get ready for your mediation, you’ll usually want to:

• review the mediation rules

• gather documents and other items you want to present in the mediation

• decide whether anyone should attend the mediation with you (and make the necessary arrangements)

• identify your goals, including both what you hope to achieve and the minimum you will accept, and

• write a memorandum for the mediator, outlining your version of the facts and the issues involved in the dispute.

For information on preparing your opening statement and figur­ing out how best to present your case, see Chapter 6.

A.

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Source: Lovenheim P., Guerin L. Mediate, Don't Litigate: Strategies for Successful Mediation. Nolo,2004. - 411 pp.. 2004

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