Mediation: Stop, Look and Listen


Originally published in THE RECORDER on November 30, 2012.

Mediation requires counsel to view the dispute differently than when preparing for trial. Counsel who are preparing for and engaged in mediation use a different skill set than counsel who are preparing or engaged in trial. It is important to apply the skill set which is appropriate for a given stage of the litigation. Counsel should consider the words on the sign at the rural railroad-crossing: Stop, look and listen.

First, stop thinking like a litigator and start thinking like a problem solver. A good place to start is with the mediation brief. Most lawyers understand that mediation briefs are designed to educate the mediator. Indeed, that is one goal. No matter how familiar the mediator is with subject matter, the mediator needs to understand what is so unique about your dispute that the attorneys had to resort to mediation. Let the mediator know.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© JAMS | Attorney Advertising

Written by:


JAMS on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.