Preparing Clients for a Commercial Business Mediator in Miami

For many clients, meeting with a commercial business mediator in Miami Florida is intimidating and stressful.  Mediation has become so prevalent in the practice of law that many attorneys underestimate how overwhelming the process can be for their clients.  By discussing the mediation process with your clients, as well as what to expect from a commercial business mediator in Miami Florida, your clients will feel much more at ease, allowing them to focus on settling their cases.

First, be patient with your clients as you explain the ins and outs of commercial mediation.  Business disputes are often emotional as well, and your clients are probably frustrated and upset about their disagreements.  In addition to discussing the mediation process with your clients, it is good practice to provide a handout of some sort that they may take with them.

Remind your clients that they are in charge during commercial mediation.  Although you speak for your clients in hearings and trials, inform your clients that the mediator will be discussing the case directly with them in a confidential setting in mediation.  Advise them to be open and honest with the mediator about what they want out of the case.

Inform your clients that the mediator does not make any decisions for them at the end of mediation.  Tell them that they are free to accept or reject any settlement proposals that are made during mediation, whether they are made by the mediator or the opposing party.  Make sure your clients know that they may make any suggestions they like as mediation proceeds, as there is much more flexibility in mediation than in court.

Additionally, remind your clients that they may bring any items they want the mediator to consider to the mediation session, as there are no evidence rules that apply.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute