In this series of posts, I have discussed the roles of lawyers in the mediation process. This post continues that discussion.
Now that the lawyer and client have chosen mediation as a way to handle the dispute, the lawyer may wish to:
- Explain what is expected of the client during the mediation.
- Remind the client that the object of mediation is not to “win,” but to reach a satisfactory resolution. Remind the client that mediation is simply a continuation of earlier negotiations.
- Encourage the client to value in the mediation process the pre-existing relationships between the parties or the improved relationships mediation can create.
- Ensure that the client or client’s representative has authority to settle.
- Discuss who will give each portion of the presentation and the role the client will play in the overall process and decision-making.
- Advise the client to develop a working relationship with the mediator, use the mediator as an ally, and protect the client’s credibility and trustworthiness with the mediator.
- Coach the client on more effective communication styles. Ask the client to avoid confrontational or adversarial communication, if possible. Encourage professional and courteous behavior and the use the language of persuasion.
- Work with the client to prepare an opening statement.
- Prepare a confidential memo for the mediator if he or she has not requested case information in another form.
- Have the client view a videotape of a mediation session. I recommend Program on Negotiation, Saving the Last Dance: Mediation Through Understanding, available at http://www.pon.harvard.edu/news/2001/stld_video.php3 (
This excerpt first appeared in the St. Louis Lawyer 9A (Dec. 2005), and was reprinted in The Insurance Receiver ((Int’l Ass. of Ins. Receivers Winter 2005) and at http://mediate.com/articles/young17.cfm. By providing this information, the author does not intend to create an attorney client relationship with anyone reading or relying on this post.
Sem comentários:
Enviar um comentário