We believe that far from harming their practice, attorneys who are genuinely interested in helping business overcome adversity will earn the trust and confidence of existing clients, and attract new ones by assisting them in mediations, where appropriate, instead of bringing them into the courts necessarily. Attorneys who are committed to this process and skilled at bringing about successful mediations can bring their legal skills and objectivity to bear on mediated disputes, just as they can in litigation. They will benefit their clients in the early stages of a mediation simply by bringing them into the process. They will earn their clients' appreciation by urging the other side to enter into mediation, by assisting the mediators in identifying issues, and by analyzing the law and its implications for the disputants and their relationship. They can advance the process by participating in negotiations, couseling their clients about unforeseen pitfalls, and drafting settlement agreements or contracts to facilitate the business-minded solutions the parties produce.
Mediation is a valuable tool.
Next time you have a business dispute, ask your counsel about it. There may be no better way of solving your problems. This article appeared in the 1996 issue of Virginia Business Law Journal , and is authored by Edward B. Lowry and Garrett M. Smith .