A Certified Mediator With Over 30 Years Of Experience As A Litigator, Corporate Counsel And Superior Court Judge

Ways to get your client ready for mediation

On Behalf of | Oct 25, 2023 | Mediation

Being well prepared is essential to successful mediation. As a lawyer representing a client in mediation, preparing your client is the most crucial thing you can do. Having a thorough understanding of mediation, how it works, and how to approach it will ultimately affect the outcome.

Describing the process

By the time you set up the initial mediation meeting, your client ought to be aware of the basics of alternative dispute resolution and ready to work with the other side to reach a beneficial agreement.

More positive outcomes from mediation occur when:

  • Lawyers give their clients a comprehensive rundown of the mediation procedure.
  • Attorneys and their clients agree on the client’s starting position.
  • Lawyers are aware of any non-negotiables that their clients may have.
  • Lawyers discuss the various mediation options, like shuttle or caucus mediation, in detail.
  • Lawyers inform their clients about the mediator’s responsibilities, roles, and restrictions.

Clients need to understand all the options available to them during mediation, as well as the possibilities. For example, the mediation process might not produce a comprehensive conclusion or take longer than expected. Also, the parties may decide to take a break and return to mediation on a later date.

Preparing for the unforeseen

Clients who are mediating for the first time can experience strong feelings during mediation. Even the most serious business clients could fall prey to emotional impulses during conflicts.

For a variety of reasons, it is essential to prepare your client for the unexpected, including their emotions. It first ensures that your client is prepared for the emotions they may experience during mediation, and then it facilitates creating a strategy for managing those emotions.

Convincing your client

Clients may become emotional during mediation and may not react to reasoned arguments. By employing your persuasive abilities, you may assist them in realizing the benefits of setting aside their feelings to achieve a better overall outcome.

A great method for settling disagreements among people is mediation. Attorneys who assist clients in mediation have a great deal of responsibility and play a critical role. Preparation is key to fulfilling this important responsibility and, in many cases, is impactful as it relates to the mediation’s outcome.