Send your mediator a confidential mediation statement briefly outlining your client’s perspective.
Include an analysis of the strengths and weaknesses of the claims and defenses, any correspondence about settlement discussions, surveillance reports, deposition summaries, medical narrative reports, relevant medical records and any other documentation providing information to prepare your mediator. NOTE: Medical Summaries are preferred to a volume of medical records and will reduce the cost of the mediation preparation fee.
Get adequate authority for good faith negotiations and have your client at the meeting or available by phone and email.
If there will be a Release of Employment Law Claims it is a good idea to provide the document before or at the meeting.
If there are active claims under other state and federal laws involving other attorneys let your mediator know to include them when appropriate. Make sure your mediator knows the nature of these claims so they can be properly addressed at the meeting.

Prepare your client and inform your mediator if there are personal concerns that need to be kept in mind while conducting the mediation.
Remember this is your mediation, not your mediator’s. If something is not working we should discuss it and get the issue addressed. Be patient with the process, but speak up when necessary.
The average time to complete a mediation that only involves workers’ compensation claims is 3 hours. When other active state or federal claims are involved the session is usually longer.