Mediation provides the ideal forum to reflect upon the real-world consequences of proceeding with a lawsuit such as the potential costs and risks. Most important, it gives you the opportunity to actively participate in the process and then be able to make a considered and voluntary choice to proceed with the litigation option if you can't reach a settlement. Your trial attorney should be an important player in the mediation process. The trial lawyer knows what is entailed in a full-blown lawsuit. He or she is trained to help you understand and appreciate the issues and options which are raised in the course of mediation and how they will play out in a trial.
Many trial lawyers are skilled negotiators.
In fact, trial lawyers use their negotiation skills much more often than their litigation skills. Moreover, even though mediation is informal and you are an important player, mediation involves a process of phases just like litigation does, so your trial lawyer can guide you through the process to make certain you get the maximum benefit out of the mediation. Don't let your emotional response to a dispute escalate the dispute out of control. Your trial lawyer shouldn't fuel your emotions or urge you to go all out without first helping you explore options which may result in a resolution of the dispute at an early stage. If the options aren't offered to you by the lawyer at the outset, then you should raise the subject yourself.