Most commercial cases settle, and most settle at or around a mediation. The work that makes it productive happens beforehand.
Authority. The person in the room must be able to say yes to the number the case is worth. A representative with limited authority guarantees an adjournment.
A decision analysis. Probability-weighted outcomes across the realistic range, net of fees, discounted for time. Clients settle poorly when the only frame offered is win or lose.
Exchange of information first. Where the dispute turns on a document, a computation or a valuation the other side has not seen, disclosing it in advance gives the mediator something to work with. Withholding it for effect wastes the day.
The brief. Short, addressed to the mediator rather than to the opponent, and candid about weaknesses — mediators cannot move a party they do not understand. Consider whether it is exchanged or confidential.
Non-monetary terms identified in advance: releases, confidentiality, references, ongoing commercial arrangements, payment timing and security. These are frequently what closes the gap.
Term sheet on the day. Signed before anyone leaves, covering the essential terms including the release scope and payment mechanics. Agreements left to be documented later are the ones that come apart.
Follow-up. A mediator’s proposal after an impasse resolves a substantial share of cases that adjourn without agreement.