Your client is the ultimate decision maker at the mediation and needs to be well prepared in advance to fulfil this role. You have an ethical duty to keep your client informed about the case. Make sure your client understands and appreciates both sides, including the weaknesses and uncertainties of its own case. Prevent having your client learn for the first time at mediation that there are weaknesses in its case. Explain realistically the likelihood and value of the possible outcomes at trial. Also, explain mediation procedure and confidentiality rules. Prepare your client for a successful mediation.
Francis Carter
