Originally from Alternatives to the High Cost of Litigation

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Courts have strong interests in promoting parties’ careful preparation before mediation sessions. In general, if parties are well prepared, the process is likely to achieve the goals of all the stakeholders including parties, attorneys, mediators, and the courts. Parties would be knowledgeable, confident, and assertive so that they can make decisions as well as possible. This generally would increase the likelihood that they will settle their cases and reduce the amount of time that courts spend managing and trying cases.

Some federal district courts provide clear, easily accessible information to help parties prepare for mediation sessions, though most do not.

Each court and mediation program differs because of variations in the population of cases, stakeholders, and local practice culture and history. Thus each court should tailor the information it provides to promote preparation accordingly.