Mediation Preparation Tips for Trial Lawyers: How to Position Your Case and Client for Success at the Mediation Table

For many trial lawyers, mediation is a powerful opportunity—not just a procedural checkpoint. When well-prepared, mediation can deliver results that avoid the uncertainty and costs of trial, all while preserving relationships and client dignity.

At Schreiber ADR, our neutrals have worked with thousands of attorneys across a wide spectrum of disputes. We've seen what works, and what doesn't. Here are our top preparation strategies for trial lawyers to make the most of their mediation day:

1. Know What You Want—and What You’ll Accept

Start with clarity on your ideal outcome and your bottom line. More importantly, understand the zones in between. What trade-offs might be acceptable? What matters most to your client—speed, certainty, confidentiality, cash flow?

Pro Tip: Create a “mediation range” that your client understands and signs off on before the day of mediation. Surprises rarely lead to resolution.

2. Submit a Meaningful, Strategic Mediation Statement

A mediation statement is not a trial brief. It should outline key facts, legal theories, damages, and—most importantly—the path to resolution. Focus on what the neutral needs to know to help you settle, not just to win your case.

Tip: Include exhibits that tell the story, not just the liability. A chart of damages. Key correspondence. A timeline. This helps your neutral visualize the pressure points.

3. Prepare Your Client—Emotionally and Strategically

Even sophisticated clients can feel blindsided if they walk into mediation without context. Set expectations early:

• Mediation is a negotiation, not a trial.

• Patience is part of the process.

• No one “wins”—but everyone can walk away with certainty.

Goal: Help your client shift from rights-based thinking to interests-based negotiation.

4. Anticipate the Other Side’s Leverage Points

Understand your own vulnerabilities—and the strengths of the opposing party. How might they view your client’s position? What are they likely to highlight? This perspective helps you and the neutral move from positions to creative solutions.

Remember: Good mediators challenge both sides. Come prepared to be challenged constructively.

5. Bring the Right People to the Table

Settlement cannot happen if the decision-maker isn’t in the room—or on the call. Make sure your client has authority, or that the actual decision-maker is available by phone or Zoom.

Don’t let a logistics misstep prevent resolution.

6. Leverage Your Neutral

Your mediator is not a passive observer—they are a strategic tool. Let them know in advance if there are sensitive client issues, private vulnerabilities, or off-the-record messages you want them to carry. A well-briefed neutral is far more effective.

Great mediations start well before mediation day. When attorneys come to the table prepared—with their strategy, their client, and their message—resolutions become not just possible, but probable.

At Schreiber ADR, our experienced neutrals understand the nuances of effective mediation and are committed to helping parties reach meaningful, durable outcomes.