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3 Essential Topics to Discuss with Your Client Before Mediation ______________________________________________________________
GREGORY J . PARENT Miles Mediation & Arbitration gparent @ milesadr . com
M ediation has the potential to bring closure and resolution for clients who have , at best , endured a highly inconvenient intrusion upon their routine and , at worst , have suffered the worst imaginable tragedy in their lives . In light of the enormity of such an important juncture in their lives , it is imperative that attorneys take a proactive approach to preparing their clients to help better ensure their receptivity to the process of mediation .
Presuming the goal is to explore and exhaust all settlement negotiations , there are three primary areas where you can help maximize your client ’ s chances for success at mediation . First , it is important to discuss the proposition that mediation has the goal of , and distinct possibility of , resolving a lawsuit completely without going forward to trial . Second , it is prudent to tell clients the format and procedures involved in mediation . Third , you should discuss who to select to preside over the mediation .
Mediation Can Bring Clients Resolution and Closure
In cases where the litigation has taken an inordinate amount of time or involves a tragic loss of life , it is helpful to broach with a client that mediation is a way to explore
8 August / September 2023