Research, Research, Research
A large factor in negotiating successfully for your client is doing the necessary research.
What are you researching?
Research your mediator: Determine the approach and experience you want from your mediator and ask peers about experiences with proposed mediators.
Research key legal issues: Review cases for and against your position on key legal issues and be prepared to explain why your position is correct.
Research jury verdicts: Conduct jury-verdict analysis for cases with similar facts to determine what verdict might be expected at trial. It’s important to know if facts similar to yours resulted in a million-dollar verdict or summary judgment for failure to prove an essential element. Be prepared to distinguish facts or legal issues from jury verdicts you believe the other side will use in support of its damages analysis.