Few of us applied to law school so that we could excel at mediation. If we aimed toward litigation, it was with dreams of examining witnesses, persuading juries, and achieving justice in the courtroom. Like it or not, though, we now attend more mediations than trials. But we still have trials from time to time, and even though they don't come as often as we had once hoped, we need to keep our skills sharp.
There are ways to deconstruct a trial and to practice elements of a trial as you prepare for and participate in a mediation, and you will be better prepared for trial if the mediation does not end the case. Here are a few suggestions.