After conducting and attending hundreds of mediations between us —as both lawyers and mediators— we’ve seen a wide range of approaches from counsel. Some are thoughtful and strategic. Others… not so much.
Mediation is often the last, best chance to resolve a dispute before significant time and money are lost, and unnecessary risk is incurred. But despite good intentions, we’ve noticed certain lawyer habits that tend to get in the way of productive negotiations. Effective mediation advocacy requires a thoughtful negotiation strategy and careful preparation.
Meditations are more productive, and client satisfaction increases when lawyers make small shifts in how they prepare for and approach the process. So, in the spirit of being helpful (and saving time), we offer this simple format: Instead of (doing) that….do this… What follows is not intended as criticism, but instead as practical suggestions drawn from real-life experience.