| So you've got your mediator selected and the | | | | and attorney to discuss the case and procedure will |
| mediation is on calendar. Obviously you have to be | | | | be completed. Give to your client a profile of the |
| getting your work done by way of discovery and, if | | | | mediator from a website. This profile will disclose to |
| lucky, have prepared at least an outline of your | | | | your client background information and a visual image |
| mediation brief. If all else continues to go as planned | | | | of the mediator. And you can explain what the likely |
| without any cancellations or rescheduling, a meeting | | | | course of procedure will be for the mediation. There is |
| with your client should be done as soon as possible. | | | | no reason for your client to find out these details at the |
| That way, both you and your client will be at the same | | | | mediation. |
| page once the mediation begins. | | | | Strategy at Mediation |
| Pre-Mediation Client Meeting | | | | A strategy plan must be developed with regard to role |
| At the time of your meeting with your client, present | | | | playing along with negotiations. The client needs to |
| your mediation brief outline so they have an | | | | know that questions may be directed to them by the |
| understanding of what the mediator is going to know | | | | other side in joint session or in private session by the |
| and hear. The mediation brief is regularly based on | | | | mediator. It is important for the client to know that they |
| discovery and deposition testimony. The review of the | | | | can be expected to participate. Encouraging the client |
| mediation brief outline will help your client better | | | | to play a part will make them far more comfortable |
| understand what will be discussed in their presence at | | | | throughout the entire mediation. Both the attorney and |
| the mediation and confirm the factual accuracy of | | | | the client need to have a common understanding of |
| your case. | | | | their respective roles at the mediation |
| Your client also should know the arguments of the | | | | As for the negotiation strategy, the client's |
| opposition. There is no reason for your client to show | | | | expectations ought to be assessed prior to the |
| up at mediation and learn for the first time that they | | | | mediation. You do not want your client to go into |
| are considered to be fabricators of facts and | | | | mediation with expectations that cannot be achieved. |
| evidence. Giving this information to your client during | | | | The client needs to be advised that the mediator is not |
| the pre-mediation meeting will help them develop filters | | | | there to order parties to a settlement. And the client |
| for the information in order to maintain composure | | | | must know the current mediation is not the only time a |
| during the proceeding. You do not want your client to | | | | settlement can occur. They ought to realize if |
| act startled when they hear the contentions of the | | | | settlement does not occur, the preliminary session may |
| other side for the first time. | | | | be useful to achieve future resolution. Be sure to |
| Mediation Format | | | | explain the negotiation strategy is consistent with |
| Your client will likely be "a rookie" at the mediation. | | | | reasonable expectations. |
| Unfortunately, many parties step into a mediation | | | | Conclusion |
| believing that the mediator is going to be acting the | | | | Get your client familiar with the facts and contentions |
| same as a judge or arbitrator expecting a decision, | | | | of the case by allowing them to review any proposed |
| order or ruling to be made. Therefore, it is vital that | | | | mediation brief or case statement. Present a mediator |
| your client be advised of the voluntary and confidential | | | | profile so the client actually knows who the mediator |
| nature of the mediation proceedings. They must know | | | | will be. Also give some description of the general |
| beforehand that the purpose of the mediation is to | | | | format of mediation being neutral, facilitative, voluntary |
| facilitate dialog informally without the intimidating drama | | | | and confidential. Finally, have a strategy plan set out |
| of a courtroom. | | | | for role playing with respect to participation in the |
| It is good to give your client an understanding of who | | | | mediation. And be sure the client understands the |
| will be conducting the mediation. In many cases a | | | | negotiation strategy to achieve settlement. |
| pre-mediation telephone conference with the mediator | | | | |