The Mediation Starts Earlier Than You Think: Why Advance Prep Still Wins

It's easy to treat mediation as a single-day event. But in reality, the groundwork that counsel lays weeks or even months beforehand often makes the biggest difference - especially when the goal is resolution, not just discussion.

Whether or not the mediator is looped in early, what you do long before the mediation date can set the stage for a faster, smoother, and more productive process.

Early Exchange of Key Documents Builds Credibility and Trust

One of the biggest threats to progress is surprise. When a party drops a new surveillance video, medical report, or legal argument at the eleventh hour, it doesn't just delay the negotiation - it can fracture goodwill and create unnecessary defensiveness.

My advice:

Share updated medicals or expert reports as soon as they are available - not just at the doorstep of mediation.

Avoid strategic withholding of information. Surprises rarely help your negotiating position.

Let opposing counsel know where your case has evolved and what the live issues really are.

Advance transparency often does more to build settlement momentum than any opening offer.

Informal Dialogue Between Counsel Saves Time - and Face

When lawyers touch base in the weeks leading up to mediation, they often resolve more than just procedural issues. These early conversations are a chance to test the waters on settlement appetite; clarify barriers to resolution; and narrow the issues to what's actually in dispute.

Even brief email exchanges or phone calls between counsel often help deflate the tension and reduce unnecessary posturing on mediation day.

A quiet phone call on a Tuesday afternoon can accomplish what hours of shuttle diplomacy won't.

When Clients are Prepared Early, Mediation Feels Safer

Whether plaintiff or institutional, clients respond better when they know what's coming.

When mediation prep only happens the night before - or worse, the day of - parties arrive feeling exposed and uncertain. That often translates into rigidity, resistance or emotional reactivity.

Early prep helps set realistic expectations about likely outcomes; clarify what matters most to the client; and reduce anxiety and increase participation.

You don't need a script - just a strategy.

Mediators Work Better with Good Briefs and Honest Signals

I always review materials closely - and I pay particular attention to the tone, context, and any cues about dynamics between the parties.

When briefs are clear, timely, and honest about the real issues - even subtly - I can tailor the process mor effectively and help the parties avoid wasting time where movement isn't possible.

I'm not just looking for your position. I'm looking for how to move the file forward.

Final Thoughts

Mediation doesn't begin at 10:00 a.m. on Zoom - it begins when counsel start preparing their clients, aligning their files and exchanging information with one another.

You don't need a mediator on the line to build momentum. You just need to start early, share meaningfully, and prep your client for a process - not just a number.

If you've got a file coming up and want to make the most of your mediation day, I'm always happy to be part of the plan.