How many times have you been to mediation and found that one of the attorneys has failed to speak with, much less, prepared his client for the mediation. Unfortunately, it happens.

It is important for attorneys to advise their clients of the nature and process of mediation so that the methodology does not come as a surprise. Although most mediators begin the mediation by explaining the process and the rules, an unsophisticated client could feel intimidated by the circumstances and fail to understand a point. Ideally, the mediating parties should not be learning the rules of the game for the first time at the mediation. In order for a client to be comfortable with the process there must be time for understanding the rules of the road. So, adequately prep your clients.

Clients need to be advised about how to behave and what to wear at the mediation. Don’t overlook these important items. Most clients either have not formally mediated or have mediated very infrequently. A client’s appearance and demeanor can influence the tone of the negotiation. Your adversaries will be weighing the credibility and persuasiveness of your client. Help the client put his or her best foot forward. A little coaching in this area can provide a lift for your team.

The client should understand the theory of the case and the claims being made on their behalf. The client should not only be familiar with his or her case, but should be informed of what to expect from the adversary. Don’t let your client be surprised or embarrassed at the mediation table. That embarrassment could also cause your adversaries to feel that they have gained an upper hand in the negotiations.

Find out about your client’s ability to speak—does the client have a story to tell, or is it important to allow the client to vent for a few minutes. The decision to allow a client to speak at the joint mediation session is a decision that should be made before the mediation begins. The best presentation by a client is one that appears unrehearsed but is well thought out, comes from the heart, and is well-presented. Client presentation can also impact the direction of the negotiations.

Join the conversation next month for the client’s contribution to mediation--Part II: Preparing Your Mediator. 

Suggested Reading

Preparing for Mediation - A Short Guide for Attorneys

Preparation Emphasizes What Clients Don't Want To Hear

Client Preparing for Mediation

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