How to Prepare for Court Mediation Without a Lawyer (California, Texas, and Delaware)
Savage Lex Team · 2026-08-28
How to Prepare for Court Mediation Without a Lawyer (California, Texas, and Delaware)
If your court sends you to mediation, prepare like the case could still go to trial. Mediation is a negotiation with a neutral person, not a hearing where the mediator decides who wins. You do not have to accept a deal, but you should arrive knowing the facts, your proof, your best outcome, and the result you can live with.
This guide covers the preparation that works almost anywhere, then points out differences in California, Texas, and Delaware. Your court’s order and local rules control if they say something different.
What mediation is — and what it is not
A mediator helps both sides talk, identify the real dispute, and test possible settlements. The mediator does not act as your lawyer, make the decision, or force you to sign an agreement. If there is no agreement, the case usually continues through the court process.
That changes how you prepare. You are not trying to give a closing argument to the mediator. You are trying to explain what happened, show what the dispute is worth, and offer a settlement that solves a real problem.
Build a one-page case summary
Start with one page. Put these items in plain English:
- Who is involved and what the dispute is about
- The five to ten facts that matter most
- The strongest document or witness for your position
- The biggest problem the other side will point out
- What you want the other side to do
- What you would accept to end the case
Use dates, names, and dollar amounts. Leave out insults and theories you cannot prove. A mediator can work with a factual timeline. A long story with repeated accusations is harder to use.
Organize your documents before the session
Make a folder with the complaint or petition, the other side’s response, court orders, contracts, receipts, photographs, messages, emails, medical or repair records when relevant, and a damages calculation. Put documents in date order and label them so you can find them without searching through your phone.
Bring copies or digital files according to the mediator’s instructions. Do not send private information to the other side unless you understand why it is being shared and the court or mediator requires it. Ask whether the mediator wants a written mediation statement in advance, whether it should be sent to both sides, and whether attachments are allowed.
Decide your settlement numbers before you get pressured
Write down your opening proposal, your target result, and your walk-away point before mediation.
The walk-away point is not a prediction of what a judge will do. It is the line where continuing the case makes more sense than accepting the offer. Consider filing costs, missed work, travel, delay, collection problems, and the risk that your proof will not persuade the court.
Do not reveal your private bottom line at the start. Make proposals that are specific and possible to perform. If you agree to pay, say when and how. If the agreement requires a dismissal, release, repair, transfer, or return of property, write down who does what and by what date.
State notes: California, Texas, and Delaware
| State | What the official court materials say | Your preparation move |
|---|---|---|
| California | California Courts explains that mediators help parties find solutions but do not decide the case. Contra Costa County’s civil ADR materials require a short mediation summary and describe local rules on attendance, confidentiality, and fees. | Read the referral order and mediator instructions. If your case is in Contra Costa County, check the current summary and delivery requirements instead of relying on a generic checklist. |
| Texas | The Texas Judicial Branch says courts may refer pending cases to ADR under the Texas Alternative Dispute Resolution Procedures Act. Texas appellate court instructions show that referral orders can set deadlines for choosing a mediator, holding mediation, and reporting the result. | Treat every deadline in the referral order as real. Confirm who selects the mediator, how fees are handled, whether attendance is required, and what must be filed after settlement. |
| Delaware | Delaware Superior Court materials describe mediation as an approved ADR format and set procedures for civil cases, including mediator selection when parties cannot agree. Delaware’s Justice of the Peace Court also offers online dispute resolution for some landlord-tenant matters. | Identify the court division first. Superior Court civil ADR procedures are not the same as a Justice of the Peace Court housing program. Follow the instructions tied to your case. |
What to say in the room
Open with a short explanation: “This case is about ____. The important dates are ____. I believe the documents show ____. I want to resolve it by ____.” Then stop and answer questions.
Stay calm when the other side says something you believe is false. Write it down. Ask for a private session with the mediator if that is part of the process, then point to the document or witness that addresses the claim. Do not interrupt, threaten, or turn the session into a personal argument. You are there to decide whether a workable agreement is better than continuing the case.
Before you sign anything
Read the full written agreement, including attachments and dismissal language. Check the names, dates, amounts, payment method, deadlines, confidentiality terms, releases, and what happens if someone does not perform.
Ask these questions:
- Does this agreement resolve every claim, or only part of the case?
- What must happen before the case is dismissed?
- Is the agreement filed with the court or submitted for approval?
- What document proves that a payment, repair, exchange, or other task happened?
- What happens if the other side does not do what it promised?
Never sign because you feel trapped by the room. You can ask for a break and legal help. If you do not reach an agreement, ask the mediator or clerk what happens next and confirm your next court date before leaving.
FAQ
Do I have to settle at mediation?
Usually, no. You may be required to attend, participate, or follow a court order, but that does not automatically mean you must accept a settlement. Check your referral order and local rules.
Can I bring a lawyer?
Often, yes, but the answer depends on the court’s procedures and the mediator’s instructions. If full representation is too expensive, ask about a limited-scope consultation focused on settlement terms or mediation preparation.
Can I use what the other side says later in court?
Confidentiality rules vary by jurisdiction and program. Do not assume every statement, document, or communication is protected. Read the mediation notice and ask the mediator what rules apply.
What if mediation fails?
The case normally continues. Keep every deadline, prepare your evidence, and confirm whether the court set a hearing, trial, or other filing date.
A practical final checklist
Before mediation, confirm the location or video link, start time, attendance requirement, fees, documents to send, and next court date. Bring your one-page summary, organized proof, settlement options, and a way to take notes.
Mediation is your chance to control more of the outcome. Use it seriously, but do not trade away rights just to end an uncomfortable meeting. General legal information, not legal advice. Rules vary by jurisdiction and can change.