Mediation Tip #20 leading you to a successful mediation: respect the process

If you don’t take the process seriously, then your client won’t either. You may hear from the other side prior to mediation that they believe that your demand is “out in the stratosphere” and that as soon as you “get serious then they will too”. (Perhaps this led to the mediation rather than on-going direct negations). However, statements like “this is ridiculous” in front of your client seemingly question the validity of the caucused process when you merely meant to comment on the lowball offer from the defense. If your client is discouraged out of the gate, the chances of success are reduced. Instead, statements that imply the offer is unrealistic but that don’t undermine the mediation process should be made. Ensuring that your client knows mediation is a process that takes time and counseling with confidence in the process is much more likely to lead to a successful resolution than the converse. Embrace the challenge.