• Menu
  • Skip to left header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

(317) 639-4511

Harrison Moberly LLP

Law Firm in Indianapolis, IN

  • HOME
  • PRACTICE AREAS
    • Appellate Law
    • Bankruptcy & Debtor-Creditor Relations
    • Business Services
    • Construction Law
    • Employment Law
    • Environmental
    • Estate Planning, Wealth Transfer and Tax
    • Family Law
    • Insurance Services
    • Law Practice Succession Planning
    • Litigation Services
    • Mediation Roundtable LLC and Alternative Dispute Resolution
    • Real Estate
    • Tax Controversy and Dispute Resolution
  • ATTORNEYS
    • A – H
      • Thaddeus R. Ailes
      • Stephen E. Arthur
      • Steve Brown
      • Rory O’Bryan
      • William “Jay” Hancock
      • Natalie Hatfield
    • I – Z
      • Patricia Polis McCrory
      • Fred D. Scott
      • Martha T. Starkey
      • David J. Theising
  • NEWS, EVENTS, & BLOGS
  • BILL PAY
  • LOCATIONS
  • Attorneys
    • A – H
      • Thaddeus R. Ailes
      • Stephen E. Arthur
      • Steve Brown
      • Rory O’Bryan
      • Natalie Hatfield
      • William “Jay” Hancock
    • I – Z
      • Patricia Polis McCrory
      • Fred D. Scott
      • Martha T. Starkey
      • David J. Theising
  • Practice Areas
    • Appellate Law
    • Bankruptcy & Debtor-Creditor Relations
    • Business Services
    • Construction Law
    • Employment Law
    • Environmental
    • Estate Planning, Wealth Transfer and Tax
    • Family Law
    • Insurance Services
    • Law Practice Succession Planning
    • Litigation Services
    • Mediation Roundtable LLC and Alternative Dispute Resolution
    • Real Estate
    • Tax Controversy and Dispute Resolution
  • Bill Pay
  • Locations
  • (317) 639-4511

Preparing as an attorney for mediation

July 9, 2018 //  by Harrison & Moberly

As an attorney, how should you prepare for and participate in a successful mediation:
 
 

Explain prior to your client the following:

  • The mediator is only interested in helping the parties arrive at an agreement; she is not a friend of the opposing client or you.
  • The mediator and attorneys will try very hard to arrive at an agreement
  • The agreement reached at mediation is not going to be your best day in court, and should not be your worst day in court
  • Do I, your attorney, have all the information you think the opposing side will bring to the mediator?
  • Is there anything about your case that you have not told me?
  • The mediation process is not easy, will take time, but if agreement is reached, you will be relieved. 
  • Encourage your client that although the mediator is out of the room, the mediator is indeed working on the case.
 

Mediator

  • Give the mediator a confidential mediation statement
  • This mediation statement should describe your client’s case and what you think the opponent will argue (often the opponent’s attorney does not give a mediation statement to the mediator)
  • In the confidential mediation statement, state why the case should be resolved the way you see it
  • The mediator is usually a very experienced attorney, but they don’t know the specifics of your case until you tell them in the mediation statement
  • Give the confidential mediation statement to the mediator at least 48 hours prior to the mediation.  Mediators have lives too and it may take them time to review the confidential mediation statement
  • If there are numbers concerned in the case, give the mediator an excel sheet so he can analyze the case using your numbers.
  • When you arrive at the mediator’s office meet with the mediator and opposing counsel so that you and the opposing counsel can tell the mediator the issues you have agreed to and during that time see if you can work out any other issues
  • During the process, when a stalemate occurs, which it will,  ask the mediator to allow counsel to meet to try and work out the stalemate before the mediator terminates the mediation.
 

Opposing Counsel

  • Work with them to try to stipulate to as many of the issues as you can prior to the mediation
  • Be kind – they are under the same pressure you are to try and find settlement
  • Have all your documents with you in case opposing counsel does not have the documents and needs to review the document you gave them 4 months ago.
  • Be open to ideas proposed by the opposing counsel to the mediator 

 

You May Also Be Interested In:

Estate Planning Considerations for New Parents

David Theising to Speak at 2021 Annual Meeting of ABA Forum on Construction Law in New York City

Execute Documents Remotely

Parenting Time During Governor Holcomb’s Stay at Home Order

Estate Planning During Coronavirus & Social Distancing

Virtual Estate Services

Estate Administration During Coronavirus & Social Distancing

Harrison & Moberly proudly sponsors 2019 APABA-IN Central Regional Conference

Hopper Appointed as Member of the Probate Code Study Commission

Previous Post: « Congratulations to Victoria Lyras of the Indianapolis School of Ballet for being named the 2018 Winner of the Starkey Entrepreneurial Woman Award!
Next Post: The Definition, Conduct, And Order Of Trials In Indiana Civil Actions »

Primary Sidebar

Recent Posts

Estate Planning Considerations for New Parents

…

David Theising to Speak at 2021 Annual Meeting of ABA Forum on Construction Law in New York City

…

Execute Documents Remotely

…

Parenting Time During Governor Holcomb’s Stay at Home Order

…

Estate Planning During Coronavirus & Social Distancing

…

Footer

INDIANAPOLIS
(317) 639-4511

8335 Keystone Crossing
Suite 220
Indianapolis, IN 46240

Site Footer

The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.

Copyright © 2025 Harrison and Moberly LLP · All Rights Reserved ·