To get a better chance of success (aka settlement) at mediation, spend time and put work into creating a mediation brief. Then, make sure to get that brief to the mediator so that the mediator has plenty of time to read and consider it. The first part of a mediation should not be spent bringing the time bringing the mediator up to speed on the case. Mediators want to have plenty of time to think about the dispute and what possible solutions are available. Mediators want an opportunity to have meaningful pre-mediation calls with each counsel a day or two prior to mediation.
The above is why I request that I receive mediation briefs at least (5) calendar days prior to mediation. My practice when I represented parties at mediation was to create two briefs. One for opposing counsel and another just for the mediator. The only difference between the two briefs was the last section which stated (on the one to the opposing party) something to the effect of that last section being blank on this copy but containing confidential information on the mediator’s copy. The importance of providing a brief to opposing counsel is to prevent the opposing counsel from reasonably claiming that he or she had no idea about something and end the mediation based on some brand new fact(s) or argument. As for the mediator’s copy, the confidential section in the mediator’s copy would lay out what my client and I expected at mediation, strategies that might be used, recognized strengths and weaknesses in our side of case and the opposing side’s too, as well as any specific issues that the mediator should consider.