If mediation does not settle your case, you then must begin to finalize trial preparation. Trial preparation begins with discovery but does not kick into final gear until after mediation has failed. Decisions must be made such as whether or not to depose certain individuals and figuring out who your witnesses are. There may also be further discovery you want to conduct using a Subpoena Duces Tecum or other methods of recovery for documents the other party will not supply you with. Remember, throughout this entire process, you can utilize Motions for such things as asking the court to find the other party in contempt for actions or inaction or to compel them to abide by certain rules.