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Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.

Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.

Lawyers aren’t typically taught to find the emotion in their cases or in their clients. Often, it’s just the opposite.

In a recent column about BATNA, I suggested that as you get closer to your BATNA range, you will want to evaluate your confidence about that range.

You’ve prepared for mediation as best you can. You know your strongest arguments and what your opponent will probably counter with.