Heading into a mediation with a client that understands what to expect will empower the client to consider possible litigation outcomes, to weigh risks against certainty, and to take an active role in crafting a post-litigation future provides the best chance of a successful mediation.

Although you would prefer a comprehensive, formal settlement agreement, you are willing to finish the mediation today with an initial, "short form" or abbreviated term sheet confirming the settlement. Even where parties recite their intent to later enter into a more formal settlement agreement, the term sheet should be enforceable.

The growth of video conferencing in mediation has been recent and rapid. While there is no substitute for the “presence” and human interaction that comes with face-to-face communications, virtual mediations provide a number of benefits. More importantly, virtual mediations work.

To make sure clients are fully informed about mediation confidentiality, the law requires attorneys representing clients in connection with a mediation to provide a written disclosure. Importantly, the disclosures must be provided to clients before the client agrees to participate in a mediation..