Preparation by counsel includes preparing a negotiating plan by culling from his files the important documents which can be used not only at the mediation but in preparing the client for mediation. Failure to Submit a Confidential Memorandum. Some counsel do not take advantage of the rules that provide for confidential submissions. This shouldn't happen. It is a mistake.
Mediators can find the submissions to be very helpful.
Also consider giving the opposing counsel the submission. It does not have to be confidential. Frequently much of the information which is put in the confidential submission is disclosed by counsel at the initial opening of the mediation. It is also an opportunity to pound home not only to the mediator, but to the other side the strengths of a party's case. Failure to Prepare the Client.