Do This Before You Go to Mediation

Heading into mediation, preparation is everything.

You’re not just walking in to present facts—you’re there to negotiate, persuade, and achieve the best possible outcome for your client.

But how do you know if your case is truly ready?

One powerful approach is to leverage empirical data from focus groups to ensure you’re walking in with a solid, data-driven foundation.

1. Test Key Issues

Every case has potential sticking points. Testing these issues with a focus group beforehand gives you insight into how a jury might perceive your arguments, evidence, and even the overall narrative of your case.

Do certain arguments seem to resonate better than others? Are there gaps or weaknesses in your case that could make or break the outcome?

A focus group allows you to identify areas that need refinement and strengthen your arguments, giving you a clearer sense of where to focus your efforts during mediation.

2. Gather Real-World Feedback

Mediation often involves negotiating with opposing counsel, and nothing is more compelling than real, empirical data to back up your position.

Gathering feedback on your case from focus group panelists offers you a snapshot of how people react to specific arguments and evidence.

This feedback is both objective and actionable, allowing you to address potential objections or concerns raised by opposing counsel.

You’ll walk into mediation with confidence, knowing which aspects of your case are compelling and which may need further support.

3. Anchor Your Case Value

One of the biggest challenges in mediation is agreeing on case value. Without a reliable anchor, it’s easy to underestimate or overshoot, leaving your client’s best interests on the line.

By asking a focus group what they believe the case is worth, you gain a realistic and credible anchor point based on real-world opinions.

This gives you a solid foundation for negotiating settlement amounts, helping you advocate for the true value of the case rather than an arbitrary estimate.

4. Evaluate Emotional Impact

An often-overlooked element in mediation is the emotional resonance of your case. How do people feel when they hear your client’s story? Are they moved by certain elements, or do they find some aspects off-putting?

Collecting micro facial expressions and other emotional feedback from panelists can give you a read on the emotional impact of your case.

Knowing this ahead of time helps you adjust your delivery and decide which elements of the story are worth emphasizing.

5. Adjust and Strengthen Your Strategy

Mediation is all about compromise, but it’s also about making a compelling case for why your client deserves the outcome you’re fighting for.

Armed with focus group data, you can tailor your approach to strengthen your position.

By the time you enter mediation, you’ll have tested your strategy, honed your arguments, and built a data-backed foundation for your case.

This kind of preparation not only increases your chances of success but also instills confidence that you’re bringing the strongest version of your case to the table.

Don’t Just Prepare—Empower Yourself with Data

Before you go to mediation, invest the time in testing your case with empirical data.

Testing key issues, anchoring value, and understanding emotional impact are all vital steps to ensure you’re walking in with clarity, confidence, and an advantage over the other side.

Don’t leave your case up to chance—empower yourself with data-driven insights and give yourself the best shot at a successful outcome.

Going to mediation with solid empirical data isn’t just preparation; it’s a game-changer.