It is essential for the mediator to be properly prepare for a mediation by understanding

the background of the dispute. Therefore, providing the mediator with summaries, case

law, and evidence in advance of mediation is extremely helpful and assists in a

meaningful mediation. Having represented parties in construction and property disputes

at mediation for over a decade, I prefer to utilize facilitative mediation when acting as a

mediator—tailoring the process to the individuals and companies involved. Facilitative

mediation gives the parties and their attorneys the opportunity to talk about their goals

as of the date of mediation, rather than speculate on what may happen if the dispute

continues. This keeps the decision in the parties’ hands and out of the hands of third-

parties, such as a judge, jury, tribunal or arbitrator.