Mediation is your process. Take the opportunity to participate in a process that may result in a resolution of your dispute in a way that you have structured and that suits your interests. 

Prepare for the mediation. Review and know your case well, and also be clear about the legal and extra-legal outcomes that are truly important to you. 

Discuss any concerns you have about your case at mediation. Communicating your interests and concerns is key in ensuring you have a positive outcome at mediation.  

If you feel intimidated or frightened by the other party or if there is a history of physical or emotional abuse, advise the mediator before beginning mediation. 

Provide any information the mediator asks you to produce well in advance of the mediation. Consider and request what written disclosure you need from the other side before mediation.  

Be clear on the role of the mediator, and ask any questions you may have on this matter and the process itself before beginning mediation. 

Ask the mediator about the range of possible outcomes if the matter proceeds to trial. 

Find out what your legal costs are to date and what you must consider if the matter does not settle – that is, the nature of the next steps taken in litigation and their cost, including pre trial, trial and disbursements. 

Know the outcome(s) you are willing to consider and accept, before mediation commences and during the process. 

Stay attuned to what the other side’s real interests may be throughout mediation. 

If your attitude going into mediation is ‘winning’ whatever you can and that your view is the only acceptable outcome, the process will not work. Re-examine your motives and needs before trying this forum. 

Be creative and, before mediation, consider various options for resolution. You will be doing this in the mediation too, once you have heard the other side’s perspective and become aware of their interests. You can be as creative as you want.  

Prepare your introductory remarks. Typically, you will be asked to give your version of the facts and issues at the beginning of the session. 

Consider in advance what you are willing to concede and as the process unfolds, listen to what you can ask for and give that will be meaningful to the other side and will not be detrimental to you.  

For mediation to work, it requires commitment by the parties to try to see if the matters can be settled between them or if the issues can be narrowed. Maintain an open and flexible mind.   

Remember that the mediator may not necessarily understand or be knowledgeable about the practice of your industry and its related standards, or how the culture of your workplace, family, etc., may otherwise affect your case. Feel free to express your knowledge of these matters. 

Mediators will often encourage you to talk about your feelings on the issue and the effect it has on your business, family and so on. Do not be embarrassed to express your emotions and feelings in this regard. Similarly, listen to the other side’s feelings. This may alert you to their real interests and to ways some matters may be resolved.  

Do not make threats, accusations, or inflammatory remarks to the other party.  

Acknowledge an understanding of how the other party might feel as a result of the circumstances of the dispute. Let them know that you heard what they said. This can be done directly or through the mediator. 

Make sure you play an active role in the drafting of the agreement, if one is reached, as this will likely result in a binding agreement which you will need to abide by.  

Be sure to let the mediator know if you have any special needs in advance of mediation (sign language interpreter, translator, regular breaks, or other kinds of accommodations). 

If you require medication or if you are on a special diet and require certain foods, take them with you to the mediation. This is especially necessary if the sessions are to take place over a protracted period. Although certain times may be allocated, there are situations in which sessions may be extended. 

Make sure that you have a stable internet connection prior to the commencement of the mediation and that you are able to access the video platform. If you have issues, please reach out to your mediator.