79 Baldwin St. Whitby, ON L1M 1A4 (905) 620-4499

Whatever the major stage of litigation that is upcoming, be that trial, discovery, or mediation, there is one common element:  preparation.  Preparing yourself and your client for mediation is as important as preparing for trial.  Better preparation leads to better outcomes. 


Tips for Counsel

  • Know both the strengths and weaknesses of your position.
  • If making an opening statement, craft your message in a way that won’t get the other party’s back up.
  • In mediation, respectful advocacy is far more effective than forceful advocacy.
  • Think about the critical ingredients of a settlement agreement before arriving at the mediation.
  • Tally up the costs to date and estimate the costs to complete a trial.
  • Try not to make opening offers that are unrealistically high (or low).
  • Ensure that the ultimate decision maker is at the mediation.
  • Ensure that your client understands “settlement momentum”.


Tips for Parties

  • Understand that there is a “string to be let out”:  opening offers are never final offers.
  • Some people say that there is no such thing as a “final” offer.  There is some truth to that!
  • It is essential that the representative of the party attending the mediation has the authority to settle.
  • Being respectful in a mediation is paramount.  Angering your opponent hinders settlement.
  • Victory and vindication are not the goals.  
  • Dignity, certainty, satisfaction and closure are the goals.
  • Remember that it takes a lot of princiPAL to uphold your princiPLEs
  • Never lose sight of your BATNA (Best Alternative To a Negotiated Agreement).

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