What Mediators Wish Lawyers Would Do Before the Session-Part 3: Know What Your Client Really Needs

Here’s another thing mediators wish lawyers would think about before mediation:

Know what your client actually needs, not just what they say they want.

There is often a meaningful difference between a client’s stated position and the underlying interests driving that position.

The plaintiff may want financial security for a family member or the ability to close a difficult chapter and move forward.

On the defense side, a carrier’s concerns may extend to issues involving excess exposure, or allocation among multiple defendants. The physician may want to protect their professional reputation or simply have the need to be heard.

None of this means the numbers don’t matter.

But mediation becomes more productive when we understand what else may be influencing the decisions being made.

Before mediation, ask your client questions such as:

What would a successful resolution accomplish? What matters besides the number?

And that gives the mediator more to work with.

The numbers tell us where the parties are. Understanding their interests can tell us how to move them.

Next in the series: Preparing to evaluate risk honestly, not simply preparing to advocate.

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