Mediatee Tips
Preparing for a Mediation: Review Paperwork

If you are going to be a party in a mediation, begin preparing for your mediation by reading the rules that will govern your mediation. Most mediation services will send you a set of rules when your mediation is scheduled; if you don't get a copy, request one. Rules cover things like when and how fees are to be paid, procedures to be followed, and the degree to which the mediation will be considered and kept confidential. Here are some examples of rules that you will probably encounter:

• Evidence rules: Given that mediation is not a courtroom matter, the limits on types of evidence you can use don't apply in mediation. However, since some parties may want to bring in outside witnesses or present documents, it will be up to the mediator to decide what can be let in.
• Pre-mediation memorandum: This is a written statement for the mediator explaining your version of the facts and issues involved in a dispute. This is not always necessary.
• Confidentiality: Since the information that comes out in a mediation can be of a highly sensative or personal nature, confidentiality is essential in allowing each party to speak freely. As a result, all mediators are required to keep everything said private except in a few circumstances (which will be explained to you before the mediation). The only thing that will go back to court - if the case is court referred - is the agreement that was reached.

There are other rules that you will want to be aware of; however, if you don't have time to read through them comprehensively, the mediator will explain the important ones to you before the mediation begins.