A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin:

“Failing to Prepare is Preparing to Fail.”

Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, the article was all about preparation- a subject about which I have blogged numerous times and is near and dear to my heart! ( Using this article as a guide, the following are my own thoughts on the subject!)

There are several aspects to preparation. First, know your case. – both the factual and legal issues. Know the strengths and weaknesses of the matter, as well. As importantly, know what your client wants; what are her goals and objectives? What are her needs and interests? What is she trying to accomplish by this litigation? Her goals, objectives, needs and/or interests may not be in sync with yours as counsel or even with the strengths and weaknesses of the case. Your client may well be pursuing the matter for reasons having nothing to do with “the law” or with “winning and losing”.

Closely related, have a lengthy discussion with your client BEFORE the day of the mediation to discuss not only the substantive nature of the case but the process of mediation as well. People need time to absorb new ideas and to reflect. To have such a preparatory meeting moments prior to the start of the mediation does not provide the necessary time to ruminate, i.e., to think slowly and deeply about what is to occur. A party- not used to litigation- needs time to reflect. If a “reality check” is needed, it will not sink in if done moments prior to the mediation.

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