One of the biggest mistakes I see from lawyers in mediation is failure to adequately prepare the mediator in advance.  Mediation is usually the last opportunity to avoid a contested hearing and properly prepping the mediator in advance will often yield good results.

It's important to remember that in most cases, the mediator will only spend one hour in preparation.  This means that regardless of the complexity of the case, you have 60 minutes to get the point across.

Prepare a well organized position statement that clearly articulates the contested issues, your position on each, and a brief explanation as to why.  Back up each issue with one exhibit.  For example, if you are asking for alimony, attach a net income worksheet to show that your position is reasonable.  If kids are involved, definitely prepare a child support worksheet.

In this way you will have created a short, precise and easy to understand brief in support of your case that can be read and understood prior to mediation by our mediator.  You can do this by way of a typed cover letter on engraved letterhead, with exhibits printed, clearly labeled and attached, and place in First Class Mail, or by way of an email with attached pdf's. It really does not make a difference.

While this is about all you need to do to prepare the mediator, you still have much more to do! Stay tuned!

Guy Vitetta

Charleston