Insight

10 Tips to Succeed at Mediation

Here are 10 tips that will help you succeed at mediation:

Doug Wallace

Written by Doug Wallace

Published: April 3, 2026

1. Understand the Mediation Process

Mediation is not a trial and should not be approached as one. It requires a different mindset and skill set. Rather than taking an aggressive posture, counsel and clients are often better served by maintaining a calm, respectful, and solution-focused approach. This tone can help create an environment where meaningful discussions are more likely to occur.

2. Gather and Organize Relevant Evidence

Preparation remains critical. A concise and well-organized mediation brief that focuses on the key issues and supporting evidence can be far more effective than a lengthy submission. Where expert evidence is involved, exchanging reports well in advance allows all parties adequate time to review and assess the information.

3. Manage Your Client’s Expectations

Clients should have a clear understanding of how mediation works, the range of possible outcomes, and their role in the process. Discussing both the advantages and limitations of mediation helps set realistic expectations and reduces the risk of frustration during negotiations.

4. Consider the Forum

Mediations may take place in person, online, or in a hybrid format. Each option has practical implications. In-person mediations can encourage engagement and focus, while virtual mediations may offer efficiency and cost savings. Consider which format best suits the parties, the issues, and the dynamics of the dispute.

5. Develop a Clear Strategy

Entering mediation with a defined strategy is essential. This includes identifying the core issues, prioritizing objectives, and understanding where flexibility may exist. A thoughtful plan allows counsel to respond effectively as discussions evolve.

6. Assess Your BATNA

Understanding your Best Alternative to a Negotiated Agreement (BATNA) provides important context for decision-making. Knowing what may happen if the matter does not resolve at mediation can help guide settlement discussions and inform reasonable compromise.

7. Approach the Opening Thoughtfully

Not all mediations require opening statements, and adversarial openings can sometimes undermine progress. Where an opening is appropriate, consider using it to demonstrate that you have reviewed the other side’s materials, understand their concerns, and are attending the mediation with the intention of resolving the dispute.

8. Know Your Audience

Your client is already familiar with your position. Mediation advocacy is primarily directed toward the opposing party and the mediator. Tailoring your communication to your audience can improve clarity and increase the likelihood that your message is received as intended.

9. Use Active Listening

Active listening can be a powerful tool in mediation. When parties feel heard and acknowledged, they are often more willing to consider compromise. Reflecting the other side’s concerns does not require agreement, but it can foster more productive dialogue.

10. Consider Whether an Apology Is Appropriate

Emotional factors frequently play a significant role in disputes. In some cases, a sincere and carefully framed apology can help reduce tension and move the parties closer to resolution. When appropriate, this step should be considered thoughtfully and strategically.

Wallace Smith Mediations

For more information about mediation services and process considerations, we welcome you to get in touch.

Check Availability and Book a Mediation

Trending Articles

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When to Get a Lawyer for Work Injury


by Bryan Driscoll

Understanding your rights and navigating the complexity of workers’ compensation claims.

Injured worker receiving medical attention at workplace

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

What Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

When to Hire a Tax Attorney


by Bryan Driscoll

Understand the legal triggers, professional differences and strategic benefits of seeking legal counsel for your tax matters.

Flying tax documents symbolizing the stress and urgency of mortgage and foreclosure-related paperwor

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline

Do I Need a Lawyer for a Car Accident?


by Bryan Driscoll

Deciding whether to hire an attorney after a crash depends on injuries, insurance disputes and financial risk.

Shattered windshield and damaged interior of a car after a collision