Mediation provides an invaluable opportunity for parties to amicably resolve their disputes rather than leaving their fate to resolution by a judge and jury. Your pre-mediation discussions with both your client and your mediator are key to a successful, efficient mediation. You can help your mediator by carefully telling your client what to expect during the mediation process. Let your client know the format and procedures for mediation: opening statements where the parties’ attorneys will present their view of the evidence and issues, separate caucuses with the mediator, and the opportunities to find common ground for resolution through mutual agreement. Your client should be aware of the different roles and duties of the people who will be participating in the mediation: The mediator is a neutral and impartial third person who is required by Rule 10.210 to act to “encourage and facilitate the resolution of a dispute without prescribing what it should be,” and only the parties’ counsel will be acting as advocates. You should also stress the confidentiality requirement of not only the mediation results but also the proceedings themselves. Help your client understand that negotiations involve risk assessment and that the jury may disagree with your client’s position on liability and/or damages. An informed mediator is in the best position to efficiently assist the parties and their attorneys in their efforts to resolve lawsuits, or to narrow the issues within lawsuits. Provide the mediator with information about your case! This can be as simple as sending the mediator an e-mail with a brief statement about the case. In most cases, particularly those that have complex factual or legal issues, a pre-mediation phone call with the mediator is invaluable. Do you have issues with client control? Does your client have unreasonable expectations? Is it important for your client to personally “tell his story” to either the mediator during a caucus or during the initial joint session? Are there pivotal legal or evidentiary issues outstanding that affect the value of the case? Has the litigation proceeded smoothly, or is animosity perhaps clouding someone’s view of the case? Is the case set for trial? How long will the trial be? Mediation works best where there is trust in both the process and the mediator. If you haven’t worked with a particular mediator, a pre-mediation phone call helps you begin to develop your comfort and confidence in your mediator.