What should parties and counsel bring and prepare to make a mediation session productive?
Come ready to decide, not just to posture. The most useful things to have in hand are: the client or claims professional with real settlement authority actually available for the day; a clear-eyed view of the key liability and causation risks, including any contributory-negligence exposure; the damages and medical documentation that supports your number; clarity on insurance coverage and limits; and any lien, subrogation, or estate issues that will affect a net payout.
Come ready to decide, not just to posture. The most useful things to have in hand are: the client or claims professional with real settlement authority actually available for the day; a clear-eyed view of the key liability and causation risks, including any contributory-negligence exposure; the damages and medical documentation that supports your number; clarity on insurance coverage and limits; and any lien, subrogation, or estate issues that will affect a net payout. A short confidential mediation statement to me ahead of time helps me hit the ground running. Just as important is the mindset: parties who arrive treating the day as a genuine opportunity to resolve — rather than a box to check before trial — settle far more often. My commitment is that everything shared with me in caucus stays confidential unless you authorize me to use it.
Expert reviewer
William (Billy) Thomas Mills, II
J.D. | AV Preeminent | ABOTA Member | Alabama Attorney & Mediator
Reviewed October 13, 2026
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