In my many years of experience with mediation, I have learned more than a few vital pieces of information.  I hope to share many of them over time, through this blog.  Having come right out of a recent mediation, however, I must share five invaluable things you should never forget when heading into a mediation:

1. Don’t forget that the mediator is simply expressing a point of view, without hearing all the evidence, and will carry their life biases with them into the mediation.

2. Research your mediator well before agreeing to using them.

3. Remember that the case can still settle after the mediation.

4. Bring a rough draft of a settlement agreement to the mediation.

5. Diligently take notes and listen well.

Mediation is still a slippery process, with loose rules of protocol. Many lawyers and clients don’t really understand how to prepare to optimize the process. The American Bar Association, Section of Dispute Resolution published a book that I highly recommend reading before your next mediation: Stories Mediators Tell. Mediators are their own breed, and they all attend workshops and classes on how to manipulate parties toward a settlement point. They probe for where weaknesses are, often not necessarily in the case itself, but in the parties’ resolve. Too many clients and lawyers walk into mediation without a strong game plan for how to make the mediator work for them, and for how to master the process. I always recommend being as prepared as you can be, and these five things to keep in mind are a good place to start with regard to preparing for mediation.

Read original article


Tags: