Tuesday, November 7



And just in case you read blogs, I'm going to say it real small and hard to read... please don't come to mediation again and spend the first 10 minutes lecturing me on 'what a tough one this one's going to be Geoff; actually, Geoff, I advised against mediation 'cause this will be a waste of time; you'll have your work cut out today Geoff;...sorry if we spoil your stats Geoff... blah...blah...'

Hey, this is not a drill.

It's we, it's a partnership, the process needs the mediator and counsel to underpin and support the conversation, not have you compete against the process in an effort to be in the alpha male in the room.

Your client needs you to change gears, step up and get with the program - your task is fundamentally different from that of trial.

I mean, if that's OK with you?

1 comment:

Richard Morley Barron said...

I too am puzzled and irritated by legal counsel who "dare me" to come up with a deal for their client! Perhaps they need a Dale Carnegie course.
The attorney who tells the mediator “We want to settle but the other side is not going to be reasonable” often is indicating that he or she has a firm settlement value in mind and has given-up on the other side simply because it has not accepted their valuation figure. This is a self-defeating strategy. The attorney who has a studied judgment as to the reasonable range of value of their case and understands that it is in the interest of their client to reach a quick and final settlement in or near that range is much more likely to get their client what they need in mediation.
My conclusion (always unspoken) is that if your not part of the solution process your part of the problem process.
Perhaps, today's US election results will improve my mood.