SUPPORT PEOPLE AT MEDIATIONS I have mentioned before that the presence of supportive third persons at mediations can help youthful and inexperienced litigants deal with the novelty and uncertainty of the situation. I recall one instance where the mother of a plaintiff in his 40’s had common sense that her son clearly lacked. Such support also frees up attorneys to spend more time on the ever changing nature of the negotiations. Nonetheless, attorneys must be…
TAKING CARE OF THE CLIENT AT MEDIATION Every attorney wants a satisfied client at the end of a mediation. But, like every other part of the litigation process, that result is the product of diligent attention to the client’s needs and rights and not just happenstance. The following are some suggestions on how to achieve such bliss: • Prepare the Client for the Mediation – Tell the client how a mediation is conducted and what…
DISCUSSING MEDIATION AND SETTLEMENT WITH CLIENTS Ethical standards exist in California as to various phases of mediation, including the duty to appear (messages 7 and 11), to maintain confidentiality (messages 11 and 17), to avoid conflicts of interest where multiple clients exist (Rule of Professional Conduct 3-310) and to provide notice and obtain waivers when aggregate settlements are involved (message 4). Left uncovered are whether attorneys have an obligation to advise clients about mediation opportunities…
CLIENT PREPARATION Intensive client preparation for mediation is frequently overlooked. While attorneys would not bring a client to a deposition or trial without going through the possible subject matter, questions and exhibits to be covered as well as discussing how to answer questions, the tactics and methods of opposing counsel and the policies of the trial judge, there seems to be a more relaxed attitude toward client preparation when mediation is concerned. Although mediation is…