Preparing for Mediation: What Colorado Clients Should Know Before the First Session

Mediation involves negotiating a legal dispute with your opposing parties in a non-adversarial setting. Mediations are conducted by professional mediators who are often currently practicing attorneys or former judges. Footbridge Law helps clients prepare for mediation diligently. 

What does the mediation process look like?

A mediator meets with you and your opposing parties to determine the available methods for settling the issues of your case. Mediation is held confidentially and places the parties in a position where collaboration with one another is encouraged. Mediators do not take sides in a dispute. You will not be forced to accept a settlement offer. Rather, a mediator helps you and your opposing parties negotiate and discuss your way through the issues of your case. 

Ultimately, it is up to you and your opposing parties to make a decision on settling your case in mediation. Preparing for mediation means thinking through the issues and determining the strengths and weaknesses of your positions. Being receptive to the arguments of the other parties and seeking to take part in creative solution-making are key steps in preparing for mediation, as well. 

Mediation helps avoid going to court unnecessarily

Many legal cases have the potential to be successfully settled in mediation. Going to court for a contested hearing or trial means putting your case in the hands of a judge. For better or worse, that judge only understands and considers the evidence admitted into the record. Their decisions can have far-ranging effects on you, your family, or your business. 

While there is often a fee associated with attending mediation, it is typically less expensive than attending a hearing or trial. When parties attend mediation, it provides an opportunity to consider vantage points and solutions in a way that is not available in a trial or hearing setting. 

Mediation puts the parties in control of the outcome of your case. Mediators do not make decisions for you as a judge would. Rather, the mediator allows you and your opposing parties to determine an outcome for yourselves. 

Best practices in preparing for mediation

The more prepared you and your opposing parties are, the more likely you are to reach a settlement agreement. Looking at your opponent’s case is crucial to countering arguments and making settlement offers. Having all documents and other evidence available to discuss in mediation separates unsuccessful mediations and successful mediations in many cases. 

Finally, approaching mediation with an attitude focused on intentionality is critical to your success. What are your top priorities in mediation? Which areas are you prepared to compromise on? What does a favorable settlement look like to you? Go into mediation with a plan, in other words. 

Mediate your legal disputes with Footbridge Law

Resolve your dispute with the help of Footbridge Law. Moving forward does not always mean going to court. Instead, consider the advantages of mediation aided by a legal team focused on client-focused solutions.