ADR CORNER
Harnessing Settlement Momentum for a Successful Mediation ( Continued )
AL LASORTE , JR .
2 ) Hang in there . Often it takes a while for the “ spirit of compromise ” to reveal itself . Rather than encouraging your client to leave at the first hint the other side is being unreasonable , suggest they stick around , for at least another couple of rounds . Mediation is not a one-hour process . Give it time to work .
as a commercial litigator specializing in real estate and general business cases , Mr . LaSorte now acts exclusively as mediator and expert witness through his own firm , Alfred A . LaSorte , Jr ., P . A . d / b / a LaSorte Mediation . ( www . LaSorteMediation . com ). Mr . LaSorte can be reached at ( 561 ) 286- 7994 and Al @ LaSorteMediation . com .
3 ) Let the mediator help . It can be hard for lawyers to defend the opposing parties ’ motivations . Clients want you to agree that the other side is just plain bad . Use the mediator to defuse animosity and distrust . When he or she does so , stay out of their way . It ’ s frustrating as a mediator when a lawyer fights too hard and fires up their client , increasing the gulf between the two sides . The mediator is there to facilitate settlement . Let them help you get there !
4 ) Once you sense the momentum is shifting , go with it . Talk to your client . Encourage them to go that extra step toward settlement . ( Your counterpart in the other room is likely doing the same with his or her client at this point .)
And help them understand the true risks and costs of going forward with a trial – crucial info while weighing the relative benefits of a settlement proposal . Whether to settle is of course the client ’ s call , not yours . But make sure they have the tools necessary to make an informed decision .
You can help make this momentum shift happen for your client . Some cases do just need to be tried , and some mediations must fail . But in the mediation room , when you sense momentum starting to build toward settlement , lean in and make it happen !
For additional ADR tips and resources , go to https :// www . palmbeachbar . org / alternativedispute-resolution-committee /
After a long career at Shutts & Bowen LLP
Adam Rabin arabin @ rkjlawgroup . com
Complex Business Litigation l Whistleblower / Qui Tam Litigation Securities Arbitration l
Christopher Kammerer ckammerer @ rkjlawgroup . com
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