Having experienced the legal world as both a litigator and now as a mediator, I’m often asked for my opinion on what parties can do to best prepare for a successful mediation. In addition to the obvious of becoming the expert on the facts and the law as they pertain to your case, I’ve come to realize the invaluable role that pre-mediation calls with a mediator play in the resolution process. Drawing from my own experiences, these initial conversations, held prior to the formal mediation session, offer a unique opportunity for attorneys to set the stage for a successful and efficient mediation.
A Direct Line of Communication with the Mediator
First and foremost, pre-mediation calls allow attorneys to establish a direct line of communication with the mediator. This initial connection provides a platform for building rapport, fostering trust, and gaining a deeper understanding of the mediator’s approach and style. By engaging in open and candid discussions, attorneys can establish a solid foundation of trust and confidence, which is essential for effective communication throughout the mediation process. This level of trust enables attorneys to freely share their client’s interests, concerns, and objectives, paving the way for a more productive and tailored mediation experience.
An Avenue to Provide Critical Information
Pre-mediation calls also offer an opportunity for litigators to provide the mediator with crucial information about the case. By highlighting key facts, legal arguments, and any pertinent documents from the mediation brief (and/or things not included in the mediation brief), attorneys can ensure that the mediator has a comprehensive understating of the dispute at hand. This information exchange allows the mediator to assess the strengths and weaknesses of each party’s position, identify potential areas of common ground, and develop a nuanced understanding of the underlying issues. Armed with this knowledge, the mediator can facilitate meaningful discussions during the mediation session and guide the parties towards mutually acceptable solutions.
A Chance to Build Trust
Building rapport with your mediator in advance of the mediation session is an essential step for attorneys seeking successful outcomes. Establishing a positive and collaborative relationship with your mediator in advance of the mediation fosters an atmosphere of trust and open communication, creating a solid foundation for effective negotiations. By taking the time to connect with the mediator in advance of the mediation, attorneys can develop a mutual understanding and appreciation for each other’s perspectives and approaches. This rapport-building process allows attorneys to effectively convey their client’s interests, concerns, and objectives, ensuring that the mediator has a comprehensive understanding of the case. Building rapport also enables attorneys to establish a level of trust with the mediator, which can greatly enhance the mediator’s ability to facilitate productive discussions, navigate impasses, and guide the parties towards mutually beneficial solutions. Ultimately, by investing in rapport-building efforts in advance of the mediation, attorneys can lay the groundwork for a successful mediation process that maximizes the potential for resolution and client satisfaction.
A Platform to Discuss the Client and Hopeful Outcomes
Another significant benefit of pre-mediation calls is the opportunity for attorneys to discuss their client’s emotional state and specific needs. Litigation often takes an emotional toll on parties involved, and it is crucial for litigators to convey this information to the mediator. By understanding the emotional dynamics, individual needs of the parties and hopeful outcomes, the mediator can approach the mediation session with heightened sensitivity and tailor their approach accordingly.
In my view, pre-mediation calls with a mediator are an indispensable component of the mediation process, particularly from the perspective of the parties involved in the dispute. These calls offer an opportunity to exchange crucial case information, build rapport and address emotional considerations. By leveraging pre-mediation calls effectively, attorneys can lay the groundwork for a productive and constructive mediation experience, ultimately leading to the successful resolution of disputes. As a litigator turned mediator who has witnessed firsthand the transformative power of mediation, I strongly advocate for the recognition and utilization of pre-mediation calls as a valuable tool in the pursuit of efficient and effective dispute resolution. If it’s not part of your mediator’s standard protocol to have a pre-mediation call, I highly recommend asking for one.