Be Prepared/Martin Rosenfeld, JD

Posted on December 10, 2015


The football coach George Allen once said: “Winning is the science of being totally prepared.” We all know this teaching by intuition. Ever hear a speech that was well-prepared and one that was hardly prepared? The difference is quite significant.

In a mediation, the advantages such as lower cost, lowered anxiety, privacy and Win-Win are often cited. What may not be cited often enough is that a mediation session gives a party a chance to prepare questions, comments, suggestions, etc. The element of surprise is gone and if you have something to say, chances are that it will get said in a mediation. If you don’t get your comment in during one session, simply do so at a follow-up session. Mediation is about Win-Win. Preparation is about winning. Look for your mediation session as the chance to articulate the thoughts and questions you have prepared. You will do well when preparation leads to candid discussion. It is yet another reason why one should mediate and not litigate.