Suggestions for what you can do to achieve a successful mediation
Talk to your client about the mediation process.
What is mediation? How is mediation different from arbitration? What will you be doing as counsel? What will the client be expected to do? Why will it be important to be patient, flexible, calm, respectful, and patient? And review with your client the separate “HOW THE KENTUCKY MEDIATION PROCESS WORKS” on this website.
Be prepared to describe what will help me work for you.
If we have a preliminary video or phone conference, what should I know about your client? What should I know about the other party? What do you consider your strengths? Are there any red lines I should avoid crossing? Do you have any suggestions for how I might be most effective?
Educate me.
If you prepare a mediation submission, what should I know about the background of the dispute? What are the strongest aspects of the evidence for your client? Do you want me to know anything about weaknesses the other party might assert? What are the controlling legal authorities? How do you assess the potential damages? Are there important non-monetary terms for your client?
During the mediation, talk to me.
I like to engage with clients directly, but I will follow each attorney’s lead on how much to engage with his or her client. I also like to make the process transparent for clients by speaking in front of clients and their counsel together. But if it would be helpful to speak with me alone, let me know. And if I’m missing an important point, or I miscommunicate about something, let me know. This isn’t about me.