Update your own case analysis--evaluate your client's legal position based on all the current facts If critical work needs to be done, do it before the mediation Talk with your client about objectives In mediation, what works best is a "Let's make a deal" attitude--client will not get an all-out win In order to settle, it's not necessary to reach agreement about the past Do a litigation risk analysis with your client In particular, discuss costs and attorneys' fees through conclusion--I will Review with the client what will happen at the mediation Joint session(s), caucuses and downtime Some ideas to discuss with the client include what amount of participation the client wants to have, especially in the joint session The lawyer should prepare an opening statement, not just something off the cuff Suggest that the client be prepared to make a statement too Many clients are not used to talking; the client's type of participation depends on the type of person the client is, the type of person the lawyer is, and the type of case it is The lawyer and client might want to meet with the mediator alone at the beginning of the mediation to confer on how best to express themselves Discuss with the client bringing the best evidence to the mediation -- the other side won't pay for what it doesn't know about Obtain and bring helpful declarations or other evidence to the mediation and insure the availability of key witnesses by phone, at least Understand the other side's case too-have the client read the other side's pre-mediation brief Return to Engagement Documents © 2008 Louise A. LaMothe, APC |
Louise A. LaMothe, APC