The Foundation For A Successful Mediation Often Begins Before You Arrive
For attorneys, there is much more to mediation preparation than simply being familiar with your case and providing the mediator with a detailed summary (although those two points are critical).
What is often more important, however, is thoroughly discussing the purpose of mediation with your client. I often mediate cases in which the clients maintain a perpetual frown; are distracted by their laptop or cell phone; or sit at the mediation, arms crossed, with no hint of potential compromise.
As a seasoned lawyer, if you believe the case is one that should be settled, prepare your client to come prepared to work in good faith. In addition to discussing the potential downsides of litigating through trial, highlight the potential adverse impact of negative body language. It is the Mediator’s job to get the attention of the parties and get them focused on the benefits of a settlement, but the attorneys can help greatly by properly preparing their clients before they arrive at Mediation.
Rod B. Neuman Esq. is a Board Certified Circuit Court Mediator and is available to mediate your case.