If you have an upcoming mediation session, you’re probably wondering how to prepare for it and nervous about what to expect. That’s to be expected, and we want to give you a little bit of framework and some questions to think through as you prepare mentally and emotionally.
To begin with, we’d like to encourage you again with the fact that mediation has consistently proved to be an effective approach to finding a more satisfying and equitable way forward for all parties involved in a conflict. You’ve made a good decision in choosing to pursue mediation, and if, for some reason, mediation doesn’t provide the necessary resolution, you always have the safety net of pursuing a court trial. There is, however, good reason to expect a beneficial outcome from mediation. Next, we want to offer you a couple of pointers for establishing your mental and emotional readiness for the session.
  • Gather all the documentation that has any sort of relevance to the dispute–financial statements, contracts, photos, voicemails, written matter, etc and give them to your attorney before the mediation so he can prepare for the mediation date. Sorting through all this information and talking through it with another person ahead of time will help you develop concreteness and clarity in the scope of the issue and elements of it that can be addressed from an objective and documentable point of view.
  • Have firm ideas of your own needs, options, and desirable resolution scenarios, but don’t approach the mediation with a predetermined set of ultimatums or non-negotiable expectations. An important goal in preparation should be to enter the mediation process confident enough in one’s own understanding of the situation to be open to other participants’ points of view and to options that may arise in the course of the mediation process. Cultivate an awareness of things that you personally would do differently, if you had a chance to do over. This will help you think more creatively and flexibly about potential ways to move forward.
  • Take time to consider what might come up that would trigger you emotionally in a way that might make it difficult to continue the conversation and how you can equip yourself to field those snares. Also consider what might provoke the other party and how to navigate their triggers.
  • Be prepared to listen! Practicing respectful and active listening will allow you enable you to pick up on key information, perspectives, and opportunities that you might otherwise miss. Listening intentionally helps you stay alert and flexible while setting a respectful tone that makes you look reasonable and credible.
  • Make sure all the information is on the table, so the mediator has all the facts. It’s better to over-communicate than to make assumptions.
Finally, here are some questions to think through. You won’t be asked these questions verbatim, necessarily, but these are the types of dialogues you can expect to encounter. You might find it helpful to practice articulating your answers with a close friend or trusted advisor.
  • What is the core relational or value issue for you?
  • What factors are outside the control of anyone involved in the case?
  • If there were no limiting factors, what would you really like to talk through at the mediation?
  • Which real-life, practical details are creating the most angst for you in this situation?
  • How do you want to feel when the session is over? What would the best case scenario feel like? What would the worst case scenario feel like?
  • How would the other party explain the conflict?
  • Are there clearly identifiable core value differences or points of agreement/disagreement between you and the other party?
  • Will there be continuing interactions or relationship with the other party after the dispute is resolved? Are there guidelines that need to be established surrounding that?
  • If it seems impossible to reach an agreement in mediation, what are the most likely resolution alternatives from a court decision? (Your attorney can advise you on this.)
  • Are the risks of going to court and having the negotiation taken completely out of your hands worth it?
We realize that you may still have specific questions, concerns, or fears regarding mediation. If that’s the case, don’t hesitate to reach out to us. We are here to help you with your personal injury or your workers’ compensation claim. Give us a call for your free consultation at 770-800-7000.
(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.