Abraham Lincon said, “A good settlement is better than a good lawsuit”
Most of the parties hesitate to resolve their conflict through mediation assuming “the other party is unreasonable and might think my case is weak”. The assurance from their lawyer that they can accept mediation resolution only when it is agreeable to both the parties and in case of no resolution, you can take the party through adversarial process, for a successful outcome, would help the parties to try mediation as a first protocol of dispute resolution.
Lawyers! Litigation advocacy and Mediation Advocacy are two different approaches to dispute resolution. Both satisfying and rewarding. As a litigation advocate you aim to prove your client’s point. At Mediation you collaborate with your parties, Mediator, opposite parties and their advocate for an agreeable resolution. You need to prepare the case and the client as if you are preparing the case for trial at the beginning itself. If resolution could not be reached at that stage your preparation gives you a head start for the battle ahead in courts. You also have the choice to bring back the clients to mediation for final resolution if the client opts for it at a later stage.
There is no right or wrong in mediation. Your Preparation helps the parties to participate in the process with faith. To respond and not to retaliate. Help them to share information with an open mind and to focus on the problem than the people. To avoid victim mentality and to make a realistic offer. When you are well prepared with the supporting legal points and present it gently and firmly it moves the decision maker of the other side from their held position to their interest. Your realistic approach about the outcome in an adversarial setup, helps your party to take a decision. When both lawyers and the clients realise that most lawsuits involve risk and desired outcome may not be assured, there is more chances of willingness to settle, for a reasonable resolution.
Lawyers, you are an integral part of mediation process. Your active participation in mediation, not only enhances the credibility of the process but also earns you client’s respect for your professional competency, validating your compensation for the services rendered.
