What Mediators Wish Lawyers Would Do Before the Session-Part 2: Have the Hard Conversations Before Mediation

As I continue this series, here is the second thing mediators wish lawyers would do before mediation begins:

1. Have hard and frank conversations with your clients before the mediation session—not during it.

a. For a plaintiff, it may mean discussing a weakness in evidence, a difficult causation issue, a vulnerable expert, or the possibility that a jury simply may not value the damages highly.

b. For the defense, it may mean a candid discussion with a decision maker about damaging testimony, an unfavorable medical record, expert vulnerabilities, the appeal of the plaintiff to a jury, or the possibility of a verdict greater than the original evaluation.

In medical malpractice cases, that can be particularly challenging because the litigation is often deeply personal. A plaintiff may have lived with the consequences of an injury or death for years. A physician may view allegations of malpractice as an attack on professional judgment and reputation.

2. Then, give the client time to process it, in advance of the mediation.

Clients who arrive at mediation having already had these conversations are better prepared to make thoughtful decisions—and that makes the mediation process more productive for everyone involved.

Next in the series: What does your client want and what does your client actually need? Understanding the difference can change the direction of a mediation.

Call me today to schedule your next mediation at 407.493.0899 or book me directly on my Appointments page.