Preparing Yourself For Mediation Preparing Yourself For Mediation by George D. Calkins Mediation is an informal process whereby an experienced and disinterested third party mediator tries to help the parties to a lawsuit settle their differences.
Mediation is the forum of choice for resolution of many types of real estate disputes.
While your role as the client in a traditional lawsuit is relatively passive and your lawyer works to persuade the judge or jury, your role is often more active and important to success of the mediation process. Depending upon the circumstances of the case, including the personalities and style of the opposing parties or counsel, a client may well have an active role in a mediation. If you, as the client, are to have such an active role, then you should be aware of certain basic ground rules for your participation. Deciding the extent of your participation at mediation If you generally make an initial impression upon people as being credible, likable, and persuasive, your lawyer may employ your active participation during the opening mediation statement by the parties, as well as in the initial mediation joint session and in the caucuses with the mediator. Even if it is decided that you will stay silent during the mediation, then you should be aware of the possible negative impact of nonverbal communication during the mediation.