The attorneys most likely to experience a successful mediation prepare early and effectively. Perhaps the single most important pre-mediation step you can take is to prepare your client for success, helping him to understand and trust the mediation process. Ideally, by the time mediation takes place, your client should be ready to work toward resolution by effectively participating in building a positive atmosphere of collaboration. Of course, this is often far from easy, especially if you are mediating close in time to your trial date, after a lengthy period of contentious discovery and motion practice. However, once your client thoroughly understands the benefits and the meaning of successful resolution of his issues without the risks and anxiety of trial, he can help you achieve his goals by working effectively with you during the negotiations throughout the mediation process.
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ADR Corner - Palm Beach County Bar Association
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