PARTICIPATION IS WHAT IT IS ALL ABOUT
In advance of a mediation, meet with your client as if you were prepping for a deposition:
- Explain the mediation process, including your role and the roles of the opposing lawyer and the mediator.
- Explain liability issues and damages, examining weaknesses as well as strengths.
- Determine what, if any, assumptions you should make about the other side's case.
- Identify the information you would like to obtain from the other side, and what you will do to get it.
- Decide what information you will volunteer and what information you can ethically withhold.
- Discuss your plans and strategy as well as your best alternative to no agreement.