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Preparation is Key

Categories: Other, Blog

Recently, I called a client to set up a block of time to prepare for mediation. The client didn’t understand why we needed to meet and thought you just go in and see if the dispute can be settled or not. This common misconception regarding mediation speaks to an important topic: preparation.

 

I had to explain to the client that the two most important times in a lawsuit are mediation and trial. Mediation is the last time a party has any control over the outcome of a lawsuit because you have no real control when it is in the hands of the judge or jury. Why wouldn’t you prepare for such an important event?

 

It begs the question as to why you wouldn’t prepare for any important event or conversation - such as mediation; year-end meeting with a supervisor regarding performance, salary or bonus issues; a job interview; or an important conversation with a child, co-worker, or spouse. 

 

In all situations know the message you want to communicate and you stand a better chance of making sure you and your position(s) are understood. This will enhance your position and put you in a better place to achieve goals or desired results. It also will bolster your reputation and what others who deal with you think about you. And reputation is everything.

 

So prepare, prepare, prepare, and see where it gets you, because, as Benjamin Franklin smartly said, ìBy failing to prepare, you are preparing to fail.

 

As always, this post and others can be found on my blog, at BusinessLawGuy’s Blog.  


About the author: Neal H. Bookspan is a partner at the Phoenix, Arizona law firm of Jaburg Wilk. He assists clients with business issues, commercial litigation, workouts and bankruptcy litigation.