Here are some yearend takeaways re mediation advocacy:
- Mediation is a case dispositive proceeding that requires thorough preparation by counsel.
- Your adverse party is the “jury” that can give your client what it needs to settle, so treat them with tact and courtesy.
- Provide the mediator with the tools, e.g., documents, messages, transcripts, legal authorities, needed to change your adversary’s perception of the merits of the parties’ competing claims and defenses.
- Guide your client to understand, appreciate and accept the best among often unattractive available options.
- Trust the mediation process and give it the time and patience it requires to work its magic.
- If you are unable to reach a settlement, at least begin a negotiation that narrows the differences between the parties and leads to a settlement before trial.