How to Prepare

Parties

Come to the mediation rested and with an open mind. View the mediation as an opportunity to expand your perspective and re-evaluate your case with the aid of your counsel and the mediator. Think about your true interests—what really matters—both economic and non-economic. Assume a spirit of flexibility and creativity. Consider reading Getting to Yes or other books and articles listed on the Resources page.

Counsel

Read these two short articles:

• "The Best in Mediation Advocacy”, by Susan Hammer, Oregon State Bar Bulletin, February/March 2011
• “Let’s Not Make a Deal: Advising Clients on the Value of a Case”, by Susan Hammer, Oregon State Bar Bulletin, February/March 2009

When scheduling the mediation, Ms. Hammer will request a confidential mediation statement from counsel and ask for the following:

• the legal and factual background and issues in the case
• the strengths and weaknesses of your case
• the procedural posture and bargaining history of the case
• your damage analysis
• an explanation of your economic and non-economic interests in resolving this matter through mediation
• important pleadings and documents
• your assessment of a fair range of settlement
• the names of the individuals who will be attending the mediation.