Preparing for Mediation: From Selection to Presentation of Claims 2026

Webinar Overview

This webinar covers how to begin the mediation process. We review mediator selection, including interviewing, checking references, and deciding who may be the right fit for your specific dispute. 

From there, we discuss how to best prepare for the mediation.  

• How should a risk analysis be performed? 
• What and who should you consider having at the mediation, and how to make those decisions? 
• What is a risk analysis, and when should you perform the same? How do you prepare your client for the mediation process? 
• What about preparing or communicating with the mediator? 
• What are the key components of the mediation process to ensure you have done everything possible to achieve a negotiated resolution? 
• How to prepare a pre-mediation statement – should it be joint, mediator’s eyes only, or a combination? 
• How to evaluate whether a joint session will be productive versus starting and staying in caucus.   

Learning Objectives:

• Initiate the mediation process effectively, including identifying the right time to mediate and planning the procedural steps that set the process up for success.
• Select an appropriate mediator for the dispute, using practical techniques such as interviewing candidates, checking references, and matching mediator style/experience to the case needs.
• Conduct a structured risk analysis to inform mediation strategy, including evaluating strengths/weaknesses, damages exposure, costs, timing risks, and settlement ranges.
• Prepare clients and decision-makers for mediation, including determining who should attend, clarifying authority to settle, and coaching participants on goals, process expectations, and negotiation behavior.
• Develop and execute an effective mediation plan, including crafting a pre-mediation statement (joint vs. mediator’s-eyes-only vs. hybrid), communicating productively with the mediator, and choosing between joint session and caucus based on dispute dynamics.

Other Webinars in this Series

• Conducting the Mediation 2026 (Premiered on May 19, 2026)