Part 3: How to Help Your Business Litigation Lawyer Before the Mediation

By the time your case reaches mediation, the foundation has already been built: your documents are organized, your timeline is clear, and your priorities are defined. Mediation is the stage where preparation meets strategy — and where your active participation can have a meaningful impact on the outcome.

1. Review and Refine Your Timeline

At this point, your timeline is more than a skeleton — it’s the framework for every discussion during mediation.

Take time to review it carefully:

• Ensure all critical events are in the correct order

• Link each event to the supporting documents

• Make notes about any remaining uncertainties or gaps

A precise timeline allows your lawyer to present the story of your case clearly and persuasively, showing the mediator exactly what happened and why your position matters.

2. Organize Your Key Evidence

Even with your documents previously collected, now is the time to refine them for mediation:

• Highlight the most important contracts, communications, and financial records

• Flag documents that support your key points or demonstrate compliance

• Identify materials that could help illustrate the other side’s obligations or missteps

The goal is to make it easy for your lawyer — and the mediator — to see your strongest points at a glance.

3. Define Your Goals and Boundaries

Mediation is about resolution, which means knowing what you are willing to compromise on and what is non-negotiable.

Ask yourself:

• What is the minimum acceptable outcome?

• What are the ideal results you hope to achieve?

• Are there alternative solutions that would satisfy your objectives without prolonged litigation?

Clear priorities help your lawyer guide the negotiation and prevent unnecessary concessions or wasted time.

4. Prepare to Communicate Strategically

How you present yourself and your case matters. Keep these principles in mind:

• Be factual and professional; avoid emotion-driven statements

• Stick to the timeline and evidence, not assumptions or hypotheticals

• Trust your lawyer to handle discussions with the other side

Mediation is not about winning every point; it’s about positioning your case for the best possible resolution. Clear, organized communication strengthens your leverage.

5. Collaborate Closely With Your Lawyer

This is the moment where your lawyer needs your insight and input the most. Discuss each key point, provide context for any ambiguous documents, and share any potential creative solutions. The better your collaboration, the stronger your case will appear to the mediator — and the more likely you are to reach a fair and efficient resolution.

Wrapping Up the Series

From the first meeting to mediation, your preparation, organization, and clarity directly impact how effectively your lawyer can represent you.

• Before the first meeting: collect and organize documents, create a timeline, define your goals.

• Before the lawsuit is filed or answered: finalize evidence, update the timeline, clarify priorities, respond quickly.

• Before mediation: refine your timeline, highlight key evidence, define goals and boundaries, and communicate strategically.

Taking these steps doesn’t just save time and money — it positions your case for the best possible outcome.

Ready to Position Your Case for Success?

If your business is in litigation, now is the time to get organized and work strategically with your lawyer. Mediation is most effective when you arrive prepared, focused, and clear on what matters.

Call our office today to schedule a consultation and start building a strong, organized foundation for your case.