By Teddy Snyder
Wednesday, February 10, 2021 | 55 | 0 | min read
The most important predictor of mediation success is whether the participants pursued a serious purpose. They understand that mediation is their best chance at avoiding delays and costs, not to mention a bad outcome. You have prepared to resolve the case.
Teddy Snyder
Why are you here?
Sure, the court may have ordered the parties to mediate. Consider this a blessing. You may have had difficulty getting your opponent to the negotiating table. Now the court has done this for you. Additionally, the mediator can filter the communication to get to the heart of the dispute rather than dealing with disingenuous attitudes.
The participant who only comes to mediation because “the opposing lawyer wanted to do this” throws away an opportunity and dishonors the client.
Did you prepare
Mediation helps parties resolve disputes efficiently. Nevertheless, both lawyers and their clients often appear completely unprepared for mediation. Being prepared doesn’t just mean knowing the facts and laws of your case, although some mediation participants even despise this basic step.
Before coming to mediation, double-check that you have followed the mediator’s instructions and requirements prior to mediation. This is doubly important in the age of remote video switching.
Assessment is key
Take the time to thoroughly evaluate your case. Don’t think that you can come in with an extreme number and give it wings. Be ready to explain your suggestion, including the reasons why it is appropriate. Which calculations were involved? Have you researched similar topics online to show how these precedents apply or are different?
The next step is to educate the client about this assessment and plan your negotiations. Make sure you know who can issue resolution authority and line them up before mediation. The ultimate check writer should take part in mediation.
Come to mediation to settle down and chances are you will.
Attorney Teddy Snyder mediates compensation cases for workers across California. She can be contacted via snydermediations.com.
Comments are closed.