Mediation preparation involves more than restating the legal claim. A company can identify its business objectives, the matters on which it needs agreement and the information still needed to evaluate a proposal.
The representative attending should understand the dispute and the internal approval process. Clarifying settlement authority and access to decision-makers in advance can prevent a useful discussion from stalling.
Preparation can include a concise chronology, the principal supporting documents and an internal assessment of possible outcomes. The company and its adviser can also consider payment arrangements, performance milestones and the practical steps needed to carry out an agreement.
A mediator facilitates discussion and does not impose a settlement. The applicable mediation agreement and rules should be reviewed for the process, confidentiality and treatment of information. Participation does not by itself guarantee agreement.
General educational information only. These short notes do not address a particular dispute or constitute legal advice. The applicable law, contract and circumstances require individual assessment.