Make Mediation Work To Your Advantage
Representing a client in mediation can be very different than advocating for a client in court. As a former lawyer, Phyllis Pollack, President of PGP Mediation, understands how difficult it can be for attorneys to adapt their representation style to help their clients reach a resolution through the mediation process. The following short list of mediation tips for attorneys is designed to help attorneys who are new to mediation guide their clients to a successful resolution.
Allow Your Client To Be The Center Of The Process.
Mediation offers your client the opportunity to tell their story. Often, the opposing party gains a better understanding of your client’s interests when they hear from them directly. This process also gives your client the chance to feel heard, which can help them move forward.
Permit The Mediator To Speak Directly To Your Client.
Often, a mediator will reframe your client’s interests to give the opposing party a better understanding of your client’s needs. This frequently helps parties in the search for a mutually beneficial resolution.
Tolerate Emotional Venting.
Many attorneys are hesitant to let their clients participate in opening statements. However, the emotional release experienced by explaining their position often allows them to let go of the conflicts and focus on finding viable solutions for the future. A skilled mediator separates the people from the problem and helps the parties to focus on working together, attacking the problem rather than attacking each other.
Don’t Give Up Too Quickly.
Mediation is a process — give it time to work. A mediator will call an impasse if he or she believes there will be no movement toward a settlement, but often as parties speak confidentially to the mediator in caucus, the mediator can sense movement that is not apparent to the parties.
Prepare Your Client For M