Prior to mediation it is helpful if you have an idea of three important concepts:
(1) What is your best outcome if this went to court? This question focuses on what is the most you would get in court. Sometimes this is governed by what your pleadings (documents you filed) in the case are asking for.
(2) What is your worst outcome if this went to court? What if the court rules against you on every issue? Are you willing to risk this?
(3) What is the most likely outcome? The answer to this question is based on the unique facts of your situation and the relevant law. However, you need to understand what will likely happen if you do not resolve this dispute in mediation.
The answer to these three questions should guide you during the mediation process and as you brainstorm possible solutions.
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