IN THE PROFESSION
PHOTO CREDIT : PEXELS
Mediation : Effective Preparation and Communication ______________________________________________________________
JOYCE B . KLEMMER JAMS joycebklemmer @ bellsouth . net
When discussions have failed to resolve a threatened or pending case , mediation may lead to a settlement . In the mediation process , the parties meet with a mutually selected , experienced mediator who assists the parties in negotiating a resolution acceptable to all parties .
Clients expect their lawyers to negotiate for them , but not all litigators are experienced negotiators . So if you are a litigator , how do you prepare for a mediation ? Many litigators come prepared to argue the merits of their client ’ s claims or defenses . If their plan is to convince the other side that they are right , that plan will probably fail . Preparing for mediation requires a thorough evaluation of the strengths and weaknesses of the case , the client ’ s needs , and - most overlooked - the needs and wants of the opposing party .
I . Preparing to Mediate
Timing Is Everything - Choose the Right Time to Mediate
In deciding whether a case is ready for mediation , it is important to consider the stage of the dispute . Is the dispute at the demand stage or is it already in litigation ? Most mediators recommend
12 August / September 2023