Preparing the Client for Mediation
In this series of posts, I have discussed the roles of lawyers in the mediation process. This post continues that discussion. Now that the lawyer and client have chosen mediation as a way to handle the dispute, the lawyer may wish to: Explain what is expected of the client during the mediation. Remind the client that the object of mediation is not to “win,” but to reach a satisfactory resolution. Remind the client that mediation is simply a continuation of earlier negotiations. Encourage the client to value in the mediation process the pre-existing relationships between the parties or the improved relationships mediation can create. Ensure that the client or client’s representative has authority to settle. Discuss who will give each portion of the presentation and the role the client will play in the overall process and decision-making. Advise the client to develop a working relationship with the m...