Attorneys representing clients in mediation are often their own worst enemies. As a mediator, I’ve come to recognize a trait in litigators that dooms the mediation to failure: They see mediation as a rehearsal for trial, a chance to demonstrate to their clients and the opposing party and counsel how tough it will be to face them in the courtroom.
True, mediation provides a chance for the lawyer to be a hero to his clients. But not in the way many litigators see it. What so many fail to do when they prepare themselves for mediation is to prepare their clients as well. And the key to client preparation is to manage their expectations of what the process can deliver.
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