It has been two months since my unexpected arrival at MB, and partaking in mediation has been by far the most intriguing learning experience for me. It is interesting to observe the social, economic and tactical angles of mediation…
the best settlement is one where both parties concede a little to get the deal done...
As is the case when preparing for trial, it is of dire importance to be well prepared for your mediation. Drafting a quality brief after a thorough review of your file is an essential step of the mediation process. Your goal is to bring as much ammunition to the mediation. With good knowledge of the facts and the law, you will be able to present your case from a position of strength and obtain the best possible settlement for your client.
Often times this is the first real chance to evaluate your opponent’s file on a subjective basis and evaluate your chances of success at trial. Therefore, being open and honest allows for no one to be left in the dark. In addition, it is counter-productive when you are not open, and it is usually construed as a weakness in your case.
Getting a case to mediation is a process. Starting from a properly drafted mediation brief to the opening statements, to back and forth on unreasonable offers, it all takes time. It is important to remain focused on the objectives of mediation, to settle.
Since our first day of law school, we have been drilled with the notion that there is no certainty at trial. For this reason, it is important to evaluate your risk and come to mediation with the intention, and willingness to compromise in relation to your level of risk assessed. In fact, the best settlement is one where both parties concede a little to get the deal done.
Becoming good at mediation comes with practice, by observing others in mediation and by asking experienced lawyers questions. Finally, it is critical to be a great listener at a mediation. You can often achieve a better result for your client by listening instead of talking.
I cannot wait to develop my own style and to continue learning about the multiple angles of mediation.