Document Type

Article

Publication Date

2024

Abstract

This article summarizes the discussion in a program at the ABA Section of Dispute Resolution’s annual conference about helping parties prepare for mediation sessions. The article describes benefits and goals of preparation, studies finding failures to prepare before mediation sessions, consequences of failing to prepare, and how courts can promote preparation. It lists the audience’s experiences of problems due to inadequate preparation and materials they use or would like to use.

The last part of the article provides resources to help everyone be as ready as possible when their mediation sessions begin. These resources are useful for private mediations as well as those in court-connected mediations.

The article also includes a link to a draft document developed by the Section’s Court ADR Committee, Mediation Preparation Considerations for Court-Annexed Programs.

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