Prepare for mediation as if it were trial.

As Geoff Sharp put it, New Jersey lawyer Donald Vanarelli “gets it.”  He understands that

since the great majority of cases are resolved before trial during mediation or in settlement negotiations while fewer and fewer cases are tried, attorneys should prepare for mediation with the same seriousness and discipline they display in preparing for trial.

I see the results of unprepared advocates far too often.  They mumble, babble, ramble and stutter through an opening statement that presents a weak case to the other side. They are “shocked” to learn facts of which they weren’t aware (typically because they hadn’t yet learned the file).  They spend precious time on “damage control” with their client because the client wasn’t prepared to put money on the table or accept less than the brass ring the attorney told them they were entitled to.

Mr. Vanarelli condenses some great advice from many sources into an effective checklist that any advocate preparing for mediation should read.

Oh, and don’t forget Nancy Hudgins’ fantastic resource, either.