Commercial Mediation Part III: Preparation for Mediation

Production Date: February 27, 2015 Practice Areas: Alternative Dispute Resolution Estimated Length: 3723 minutes


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To paraphrase T.S. Eliot's East Coker, in our beginning is our end.  Preparation for the in person mediation session can greatly influence the way it proceeds and its potential for a satisfying resolution. 


Part III of Mr. Baum's eight-part Commercial Mediation course reviews the various critical ways in which the Mediator and the parties may prepare for a productive mediation session.  From mediator selection and disclosure, to the initial joint pre-mediation call, to mediation caucus calls, we examine a broad assortment of pre-mediation communications.  We also review essential elements of a useful pre-mediation statement and related exhibits.  Offering guidance to counsel on preparation of their parties, encouraging proper party attendance, designing an effective mediation process, preparing counsel for constructive opening statements and approaches to the process, and fostering exchange and development of key information are among the important steps in the pre-mediation phase.


Learning Objectives:

I.     Understand how best to prepare for mediation 

II.    Handle pre-mediation selection discussions

III.   Initiate and conduct an effective Joint Pre-Mediation Conference Call

             a. Guide counsel on client preparation

             b. Master Pre-Mediation Statements and related submissions

             c. Foster development and disclosure of necessary information

             d. Get the right parties to the table

IV.   Conduct productive pre-mediation caucus calls

V.    Orient parties and counsel for constructive process

VI.   Ferret out emotional and negotiation obstacles and land mines

VII.  Design an appropriate mediation process

VIII. Get up to speed on information, interests, and issues

IX.   Develop a game plan while remaining open and appropriate


Lee H.
Arlinghton heights, IL

Excellent discussion of preparation for mediation, both by the mediator and the attorneys for the parties!!! Probably the most important part of mediation in order to settle the dispute!!!

D. Larry G.
Riverside, CA

So worthwhile following the mediation process. Thank you.

Stephanie O.
Oakland, CA

Very practical. Well organized with many helpful tips.

Merrick W.
Houston, TX


Kenneth W.
Hobart, IN

Useful and practical content, very good presentation.

Judith P.
Seattle, WA

Mr. Baum is personable and an effective communicator with this material. Slides were especially informative, but by my count the 15 slides at the end were not coveed. Maybe they are in the next session.

Terence S.
seattle, WA

content was very good, but would have been even better without use of coarse slang on a few occasions

Jennie H.
Raleigh, NC

I was interrupted for 15 minutes due to the power coming back on at my house- ice storm in NC) and plan to watch what I missed on line next week so that I will have watched it in its entirety.

Miranda M.
Supply, NC

Loved it. Hated that I missed the first two. When it was over, I was stunned and said, "what? It's over already?" For once, I had not been watching the clock!