How should my lawyer help me prepare for mediation?

Often clients starting mediation do not realize that they are beginning a negotiation. Many have no experience in negotiation and have not properly prepared themselves for the process. A well prepared client will be more comfortable in mediation and will negotiate more confidently and effectively. Some basic negotiation planning steps to discuss with your lawyer are as follows:

• Define the issues in dispute: usually broad substantive issues like custody, residence of kids, child support, spousal support, division of property, how to value assets / liabilities, who keeps what, details around moving, costs/fees, etc. as well as process issues like whether to med or med-arb; how to retain appraiser / actuary / accountant; how to transfer shares;  and sometimes personality / behaviour issues like how parties are communicating to each other and kids; abuse and violence issues; etc.
• Define the bargaining mix: prioritize issues: must canvass the intangible issues with clients, such as their anxiety around litigation, their need for closure or end to contact with abusive spouse, as well as the “hard” issues;
• Define interests: establish difference between the client’s position and the interests (why) in substance, process and relationship.
• Know your clients alternatives, and limits: analyze the client’s best alternatives, and how they might be improved, and know when no deal is better than a proposed deal.
• Set a range between best and worst cases; consider packages that might satisfy various interests; think about trade-offs and how to value them.
• Analyse the other party: what are his or her interests? How will he or she approach the negotiation? What strategy might his or her lawyer take?
• Any protocol issues? Find out if your client has special religious, cultural, dietary or health-related needs that the mediator should know about.