Mediation Preparation Tools: Strengthen Negotiations, Improve Briefs, and Avoid Impasse
- Erin Gleason Alvarez
- Sep 22
- 3 min read
The final months of the year are often a turning point in dispute resolution: both clients and attorneys want to conclude matters before the year ends. To help with that effort, I’ve created a set of resources to make complex mediations more productive from the very start.
Below are overviews of each resource — how they help, when to use them, and how I’ve seen them make a difference in some of my cases. In practice, I often adapt these tools to fit the specific needs of parties as we prepare for mediation.
Preparing for Mediation
When you begin a mediation, there’s more at stake than just the facts and legal arguments. Conflict, relationship dynamics, and negotiation strategy all shape the path toward resolution.
This guide is designed to help both clients and attorneys anticipate challenges and strengthen the negotiation approach. It covers:
Identifying common sticking points (emotional dynamics, hidden expectations, potential impasse) before they derail discussions.
Planning the structure of your mediation (agenda, process flow, who speaks when) so the day runs smoothly.
Setting negotiation goals and fallback positions so you enter with realistic strategies, not reactive improvisation.
Case Example: In a recent business dispute, one side had strong legal claims but a fractured client–counsel relationship. By walking through preparation questions, the attorney uncovered the client’s deeper concerns at play. Addressing that early shaped both the brief and the ultimate settlement — turning a potential derailment into a constructive resolution path.
Writing Mediation Briefs
The mediation brief remains one of the best tools for influencing the conversation and helping the mediator understand what matters — beyond just legal arguments.
This resource helps you:
Frame the narrative to set the tone for collaboration, not confrontation.
Structure your brief to highlight both strengths and weaknesses, building credibility and trust.
Include negotiation history, offers made, and where impasse may arise, so the mediator can identify potential openings.
Case Example: In a multi-party insurance case, one counsel provided a concise but detailed brief, mapping the negotiation history alongside key issues. That context allowed me to focus caucus time where it mattered, moving the group past old sticking points and into creative settlement options.
Day-of Mediation Session Preparation
Even with careful planning, mediation day can bring surprises: impasse, emotional flare-ups, procedural delays. This resource is meant for real-time use, helping attorneys and clients stay grounded and effective.
It covers:
Communication cues: ensuring each side feels heard and avoiding drift into positional back-and-forth.
Avoiding impasse: reframing techniques, strategic pauses, and incremental offers.
Keeping momentum: sustaining progress, even in small steps, to avoid stalemate.
Case Example: During a contentious employment mediation, emotions ran high after a difficult exchange, and one party threatened to walk out. Counsel later told me they had reviewed the day-of preparation guide, which I had tailored specifically for them, with their client ahead of time (particularly around emotionally charged issues). When tensions spiked, those prompts were already top of mind — helping the client pause, refocus on long-term goals, and stay engaged.
How These Resources Work Together
Think of these tools as a sequence:
Preparing for Mediation sets the foundation (mindset, process design, strategy).
Mediation Briefs frame the narrative and give structure.
Day-of Preparation keeps things adaptive and effective in real time.
Used together, they don’t guarantee a settlement — but they significantly increase the chances that mediation ends with real, workable results.
Year-End Scheduling
I have limited availability for mediations in Q4. If you’re considering mediation before year-end, now is the time to reach out so we can reserve a date and start the preparation process. Feel free to email me directly at erin@gleasonadr.com.
