A number of practitioners who were unfamiliar with the process have now been exposed to mediation and its benefits. This article summarizes some of the main points which counsel in mediation may find useful in defining their role within the process. It is the writers' experience that the role of counsel in mediation is significant and that their performance in mediation directly affects the outcome achieved. The value of preparation by counsel and their clients for mediation cannot be over-estimated. One of the key features is selection of a mediator appropriate for the dispute and the parties.
Different mediators have different styles and approaches.
It is counsel's role to consider these differences and determine the type of mediation most appropriate to meet the needs and expectations of the parties in dispute. Attending mediation unprepared may prolong the process unnecessarily for the participants. The checklist below may serve as a guide in preparation for mediation. Preparation check list Advise on process Negotiate on process and the appropriate mediator Determine and agree with the other side who will attend mediation Check whether there are any limitations on authority to settle Advise on confidentiality of process. It is important to remember that this is a problem which you as counsel and the parties are working on together.