Provide Whatever the Mediator Needs to Read to Understand Your Case
Preparation enhances a mediator’s performance. A well-prepared mediator will understand the case before counsel give opening statements and will have devised a strategy for leading
Select the Right Client Representative
When representing a corporation you sometimes have the opportunity to choose who will attend the mediation as client representative. Pick someone who has the requisite
Consider Giving Your Client Representative a Speaking Role in Your Opening Statement
Consider giving your clients a carefully prepared but not over-rehearsed speaking role as part of your opening statement at the mediation. Your clients will appreciate
Don’t Negotiate Against an Empty Suit
Try to avoid negotiating against an “empty suit,” that is, a client representative who, although physically present, lacks sufficient authority to make the concessions necessary
Consenting to Negotiate Against an Empty Chair Is Never a Good Idea
As a mediator, I am sometimes advised by counsel that its adversary has consented to its client representative participating remotely by phone or video. Negotiating
Make Sure That Essential Non-Parties Are Available to Participate in the Mediation
It may not be possible to reach a settlement at mediation without the participation of an essential non-party to the litigation, such as an insurance
