Understand the mediator’s role

A mediator generally helps the participants explore agreement rather than deciding who wins. The process differs from arbitration and a court hearing. Ask about fees, format, attendance, and any required documents beforehand. A court order may require participation even though settlement remains a separate decision. Obtain advice about your legal position; the mediator is not your personal lawyer.

Prepare a short account

Write a chronology focused on the events that explain the dispute. Select the documents that support those events and identify facts you cannot yet verify. Separate what happened from your interpretation of why it happened. A concise summary helps a mediator understand the issue and leaves more session time for discussing solutions rather than sorting an unlabelled collection of papers.

Identify more than one workable outcome

Think about money, timing, repairs, delivery, confidentiality, or future communication where relevant. Decide which issues are essential and where alternatives might work. Discuss the risks and costs of continuing the dispute with your adviser. If an insurer, business partner, or another decision-maker must approve a settlement, arrange the necessary authority instead of discovering the limitation during negotiations.

Check confidentiality and deadlines

Mediation confidentiality depends on the governing law, agreement, and setting; do not assume every statement or document receives identical protection. Ask how information shared privately with the mediator will be handled. Confirm whether court deadlines continue during the process. California court materials provide examples of mediation practice, but the rules for your dispute may be different.

Read the agreement before committing

A settlement should identify who must do what, by when, and what claims or obligations it resolves. Check payment details, releases, enforcement terms, and any required court steps. Obtain advice if the wording is unclear. Do not assume you can freely undo a signed agreement later. Keep the executed version and monitor each obligation through completion.

Keep this in mind

Your preparation list.

  • Confirm attendance, authority, and preparation rules.
  • Bring a focused chronology and key evidence.
  • Consider several realistic settlement options.
  • Review exact terms and continuing deadlines.

Reference points: Humboldt County Superior Court, Alternative Dispute Resolution; California Sixth Appellate District, Rule 1—Mediation. These are examples of local practice, not universal rules. Reviewed September 30, 2026.

General information for U.S. readers. Local law and your circumstances determine the appropriate next step.