Take "Time" to Mediate

by Christina L. Scott, JD

Mediation is still one of the best tools for disputing parties to resolve conflict when all parties are committed to doing the work. Mediation, however, takes time and is generally not a quick process. If the parties intend to settle, it will invariably take longer than expected. Undue frustration is often caused when parties arrive at mediation with the expectation that it will be done and over within 1 hour.  There is also a risk of damaged goodwill, if one side has come prepared to get it done and the other side only planned to stay 2 hours.  Not to mention that any positive momentum that you’ve intentionally built with clients, up to this point, could be stalled or extinguished.

The best way to avoid any of these issues is to adequately prepare your clients for the mediation.  Parties should be made aware of the potential for extended mediation, well before the day of the session. It is wise to ensure that clients are not in a rush or have any unrealistic expectations about what happens in the session. Good attorneys have a “mediation prep” meeting with their clients, before the session. This tool is an excellent opportunity to not only discuss your mediation strategy, but also to explain the process, the possibility of extended time, the emotional cost, and the actual cost of mediation. The emotional drain is real, and cost should not be a surprise on the day of mediation.  If clients truly have financial limitations, please use courtesy and convey this information to the mediator prior to the mediation day.  Having a mediation prep meeting can ensure that your mediation is efficient and productive.