Parties that want to maximize their chances for a "successful" result should come prepared to do the following:

• Engage in candid, honest discussions about the strengths and weaknesses of their case - Often, after living with a dispute for so long, parties (and their counsel) become increasingly convinced of the strength of their case. The parties must be willing to think critically about their position, and view their case as though looking at it through the eyes of the other party or the jury.

• Remain flexible and consider alternative solutions to the dispute - In most cases, a court of law is only able to award monetary damages. At mediation, the parties can craft original, creative, and imaginative solutions that meet their needs and interests, but would otherwise be outside the court’s range of legal remedies.

• Set aside sufficient time for the mediation and remain patient - While mediation is considerably faster relative to the months or years a case may take to come to trial, the process may take several hours. The parties should set aside a full day to participate in the mediation and remain patient while the mediator facilitates the discussions.

• Bring someone with full authority to settle the matter - It is very important that all of the persons with decision-making authority attend the mediation. Not having a necessary decision maker at the table limits the chance of settlement. It may also appear that that party is not negotiating in good faith.