IN THE PROFESSION of great importance , perhaps a premediation conference can be scheduled with a neutral with high EQ even if they need a primer on the area of law and legal issues so the neutral can be conversant with all the parties .
Early in my career as a neutral , an attorney asked to meet with me an hour before the mediation to “ teach ” me about the finer points of an area of law he knew I had not practiced as an attorney . I did not bill for this de facto continuing legal education seminar but rather soaked it in and made notes to seek further knowledge on my own with actual CLE courses required by the Georgia State Bar . In that example , the attorney wanted a particular neutral ( me ) and helped build the knowledge I needed to make me more well-rounded and better suited to handle this case . Attorneys can take a similar approach when they choose a neutral who has high EQ but may not be as conversant in a particular area of law .
Conclusion
Only a small fraction of all filed cases actually go to trial . Most cases resolve at mediation because the process allows clients to exercise control over their fates while minimizing risk and costs . Furthermore , there is the opportunity for catharsis by guaranteeing certainty and achieving resolution with closure . You can improve the chances for a successful mediation as a lawyer by thoughtfully considering the topics discussed above to give your clients a better appreciation of the variables in play at mediation and to help give them ownership over the process and potential outcomes .
Gregory Parent is a sought-after mediator and arbitrator who has been with Miles Mediation & Arbitration since 2011 .
PHOTO CREDIT : PEXELS www . atlantabar . org THE ATLANTA LAWYER 11