Tip #1
Know your case, thoroughly—its strengths and weaknesses, and educate your client or adjuster.
Tip #2
Advocate for your client, but be candid with and work with the mediator and be open to suggestions and strategies from the mediator.
Tip #3
Let the mediator create rapport with your client/adjuster.
Tip #4
Bring all necessary documents/exhibits with you to the mediation. If a Zoom mediation, have key documents or portions of documents isolated and be prepared to Screen Share them.
Tip #5
Consider the value of having declarations/videos from key witnesses or having them appear live during Zoom mediation.
Tip #6
Help the mediator prepare and provide arguments the mediator can use on the opposition. If necessary, contact the mediator in advance of the hearing, ex parte, and discuss key issues and strategies.
Tip #7
No Surprises at mediation—your opponent needs time to analyze relevant information and to obtain appropriate settlement authority. Springing surprises on opponent at time of mediation or shortly before, is not beneficial. Think long and hard about hiding the ball and waiting for trial—if considering it, at least discuss with mediator in advance of the mediation
Tip #8
Talk to subrogated insurers/lienholders and other critical non-party players in advance—if decisions from them are necessary for settlement, make certain they are available at time of mediation.
Tip #9
Be polite and professional, throughout your case. Give opponent a reason to WANT to give you the benefit of doubt. Having the respect and trust of your opponent can never hurt.
Tip #10
Be willing to walk away.