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Mediation Tips for Every Lawyer

Jul252012
Mediation

These days, cutbacks in court funding are pushing cases to mediation earlier and earlier.  Cases from securities to entertainment law are being settled with the assistance of an experienced mediator. For many lawyers, this can be a nerve-wracking  experience. After all, the idea of sitting across from opposing counsel and attempting to come to an agreement on behalf of your client without appearing timid can be a stressful one.

Here are a few tips and techniques to consider before and during the mediation process:

    1. Joint sessions are returning.  They are useful tools to hear, understand and discuss issues in the case.   If you are concerned about discussing or releasing certain information in a joint session, save it to discuss with the mediator in caucus. A knowledgeable mediator can help you determine how to approach the matter.
    2. Your California mediator is bound by heightened rules of confidentiality. Don’t stress with the misconception that everything you say to your mediator will be relayed to the other party. You can discuss the scope of confidentiality in further detail with your mediator.
    3. A mediation is a negotiation. Use this as an opportunity to reach a compromise — and perhaps make concessions — consistent with your interests. The goal is that by seeing you concede on points, opposing counsel will do the same.
    4. It is helpful to tie offers to issues in the case.  Provide the mediator with reasons for your concessions and offers, linked liability and damages.
    5. Be certain that the mediator understands your interests and accurately represents what you have said to them. Just as the mediator has established a rapport with you, he has also been working to build trust with the other party and likely has considerable credibility with the other side.
    6. Work with a mediator you trust allowing you to be candid during caucuses. Mediators can be valuable in helping you assess your case, generate options, advise on offers and counter-offers and move toward settlement, but they cannot help without your honest assessment of the case.

Look for more tips on how to ensure a successful mediation session in the coming weeks!

Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com, his profile at ADRServices.org, or call him at (310) 201-0010.

Category: MediationBy bfriedmanJuly 25, 2012
Tags: mediationmediation tips

Author: bfriedman

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    James Thompson
    JPT Legal
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    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
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    Fox Rothschild
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    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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