What to Bring to Civil Mediation: A Preparation Checklist

Preparing for civil mediation doesn’t need to be overly complicated. With the right plan, you can collect the information you may need and have a clear understanding of the issues to be resolved  so that you can be ready to stay focused on the discussion itself.

Whether your session is in person or virtual, a little organization ahead of time can make the day much easier. I have put together a few checklists in this blog that cover the basics.

Documents and Information to Have Ready

Depending on your case, you might need different documents. Your attorney or mediator will likely provide specific instructions before your session, but here is a short list of helpful materials that cover most civil disputes:

• Copies of relevant contracts or agreements
• Bills, invoices, receipts, estimates, or other records related to your claimed costs or damages
• Any documentation of lost wages or other losses
• Copies of relevant emails, text messages, letters, or other forms of communications
• A mapped-out timeline with the dates of key events
• Any relevant photographs or videos
• Court orders or case documents that your attorney has asked you to have available

This list should function as just a refresher; always check with your attorney about which materials you should have available during your session. 

Take Some Notes Before the Session

During mediation, it can be hard to keep track of the information and offers that are exchanged.  Retaining this information can be particularly challenging during the mediation because emotions can run high. Making a short set of notes prior to your mediation session will help the discussion stay on track.

Here are some things you might want to write down beforehand:

• A short outline of the facts/main issues in the dispute
• Any questions you want to remember to ask your attorney
• The main issues that are most important to you (don’t forget this!)
• Your priorities for the negotiation
• Any settlement goals, ranges, or limits you and your attorney have discussed

These notes won’t necessarily contain your whole strategy, but can serve as a reference point as different issues and possible solutions are discussed.

Preparing for In-Person Civil Mediation

While most people know that mediation can last several hours, it is easy to forget the basics when the mediation session is in person.

Consider bringing along:

• Your laptop or tablet, if you may need to review electronic documents
• A laptop or tablet charger
• Your phone charger
• A notebook and pens
• Water, favorite caffeinated beverages, and snacks/meals
• Any documents your attorney has asked you to bring

Try to eat a good meal and get a full night's rest the night before, so you can stay focused and feel alert throughout the session.

Preparing for Virtual Civil Mediation

Virtual mediation may take place from your home, which is extremely convenient, but can also be distracting without the right setup.

Here’s what to do before the session:

• Find a quiet space where you are unlikely to be interrupted
• Test your internet connection, camera, microphone, and speakers/headphones
• Keep your computer charger nearby
• Charge your phone and earbuds the night before
• Have your documents easily accessible
• Have a notebook and pen within reach
• Keep some water and snacks nearby

If other people will be nearby, it may be a good idea to let them know that you will be unavailable so you can participate without any distractions.

Keep Your Top Priorities In Mind

You do not need to memorize every detail of your case, but make an effort to be familiar with the core issues. Keep important information accessible and go over the priorities you have already discussed with your attorney.

These conversations often move between several topics throughout the session. So having your priorities at hand can make it easier to stay focused on your goals.

One Final Step: Check With Your Attorney

Every civil dispute is different, so check with your attorney about any case-specific documents, information, or preparation for your individual case.

If you or your counsel are preparing for civil mediation in Colorado and have questions about scheduling or the process, Gokli Dispute Resolution is available to help. Judge Rayna Gokli (Ret.) provides mediation for civil disputes throughout Colorado.

Contact Gokli Dispute Resolution with scheduling questions or book a mediation directly through our online calendar.