Try as Many Cases as You Can

I grew up idolizing the legal gladiators who seemed to slay giants endlessly in the courtroom, and as a young lawyer I wanted to “cut my teeth” and reach my maximum potential—financially and intellectually as soon as I could. I had no idea how mediation would become a critical tactic for effectively “trying” any case—even if it meant setting foot in a courtroom less often.

Don't get me wrong. Whether it's a new issue for the court, or one side views the case in a totally differently than the opposing side, many cases still and will always need the courtroom. Those of us who dreamed of making the courtroom our home will soon realize that most cases can be resolved through the mediation process. Due to a variety of factors, trial is not as economically sound an endeavor as it used to be, and there is still significant risk involved. Because the trial preparation and the mediation process are “close cousins,” focusing on effective mediation could save you considerable time and costs throughout the litigation process.

Know Your Numbers

Early in my career, I wish I had taken mediation as seriously as I do now. Going into a mediation with a rough estimate of my client's special damages was my first big mistake. While you may be able to get through a mediation or two based on your “rough” calculation, you could potentially do a disservice to the client in multiple ways. First, you lengthen the duration of the mediation (and money spent) as both sides take time to agree on the valuation of the incident. Second, if you do not know the exact value of each component of your case, it is hard to set fair expectations for your client throughout the mediation.