Facilitate the financial entry into Mediation. If you represent the lower earning party, try to offer to pay half, subject to allocation or show why the other party will financially benefit from initiating the mediation. Indicate whether you desire to be present or whether you would prefer that the parties start without lawyers. If possible, give the other party control over the role of the lawyers. If your invitation is accepted, follow up immediately to set it up.
Some people have a tough time getting started in the morning.
As I came into the client library to greet them one day, I noticed that they were calmly parceling out bills together. However, by the time they reached the mediation room, they were at it again. When the next session started off the same way, I sucked it in and again raised the issue of a pre-session communication agreement. This time they acknowledged the problem and agreed not to talk about anything and to sit in separate rooms. In setting up the mediation, consulting lawyers should discuss this and other process issues to support and guide clients to maximize the mediation opportunity and keep their costs down.