One of the most underused times at mediation is when the neutral has left the room.

Attorneys often see this as a great time to respond to that nagging email or another issue in their other cases, but optimizing your time outside of joint sessions can mean the difference between time wasted and time well spent.

Whether you represent the plaintiff or the defense, your alone time with your client should be seen similarly to a huddle in sports, which provides an important opportunity to shift the ultimate outcome of the game.

When it is just you and your client, strategies such as goal-setting, continual trust-building and constant expectation management help to ease frustrations and increase output.

Our ability to be efficient at meditation is often impacted by the emotional obstacles the clients face. On occasion, I have entered a conference room and the animosity of the client hits me at the door. Whether it is through body language or verbal cues, it is obvious that the client feels they must defend themselves against me and sometimes even their own attorney. In my experience, this behavior is rarely personal. Whether founded or not, aggression usually points to a lack of confidence in their representative or the process. They are not simply acting distrustful. In reality, they truly may not know who they can trust.

Managing emotions in these scenarios is positively correlated to maximizing productivity. While every case and client takes on its own tenor, lawyers have an opportunity to increase efficiency simply by remaining present and reassuring to their client. When faced with an emotionally sensitive client, sometimes it is enough to just be there. Where at all possible, reducing the amount of time your client is left alone can work wonders on even the most challenging attitudes.

Sure, there are certain circumstances that make it necessary for you to step away while the mediator is with the opposing side. Chatting with friends in the hallway is not off-limits. Certainly, the lobby at Miles has provided ample opportunity to connect with old colleagues and even make a little progress on outside projects. But outside of these situations, stay present and physically invested. Sit at the table with your client. Break bread with them when it is time. Your absence can suggest that you have a higher priority than the client's case. Leaving the room happens, but setting up an alternative workspace or refusing to stay in the room for a significant amount of time will speak to your priority. And, most often, your client will often respond in kind.

To make your closed-door discussions most effective, make sure that your client understands the challenges of your position and how you plan to use me, the neutral, to overcome them. Remind them that you play for the same team. Explain your bluffs. Take this time to create expectations that are shared only by you and your client.

With each offer, there is an underlying message that must be translated. After a few cycles of negotiation, it is just as important that the client knows the current offer as it is that they understand why the opposing side chose the offer. To be truly effective during your client time, decode the message behind each number. Outside of considering the neutral's opinion, hypothesize about why the offers have changed or stayed the same. While your posture may be different when the mediator is in the room, be sure to get real and have an honest conversation with your client about the impact of each argument.

If you know your client has certain needs related to understanding a specific risk, let the mediator know so that they can provide additional clarity. This is a great place for neutral collaboration on both sides. If you want to drill a point home, the mediator can help to reinforce or emphasize that point when he or she comes in. This allows the client to process the same risk from two different sources, allowing them to participate in the conversation rather than simply being dictated to. With true mutual understanding, time can be optimized.

While the neutral plays a leadership role in the mediation process, the decisive authority belongs to the participants. Empowerment, especially for plaintiffs, is directly linked to their ability to actively participate in the negotiation. Creating a plan and expectations gives them clear parameters on how and where they will participate. It is a disservice to your case if you are not working on continuous trust-building every time the mediator leaves the room. On a very basic level, this shows your client you are engaged in the process and believe in the process. It's hard for a plaintiff and even an adjuster that mediates every week to buy in if their representative only engages when the mediator is in the room.

A priority of any attorney when the mediator leaves should be to give their client-specific expectations for the process. Surprises can quickly cause emotional upheavals bringing us back to an avoidable inefficiency. The neutral should help this with detailed expectation setting. When the door closes and you remain, ensure that the client understands what the opposing side's responses could be and why. This is more than just stating a number in a bidding war. Explain whether you agree with the neutral's assessment and advice. Then, get specific about what your united front will be when the neutral returns: If the response is lower than expected, we will do this. If it is higher than expected, we will do this.

It is important for clients to feel like they have a reasonable expectation for the reactions coming from the other room. It is even more important that they know what the plan will be, regardless of that response. This builds confidence in the attorney as an authority, especially if your client relationship has been rocky. As a byproduct, it builds trust and faith in the mediation process as a whole. In a successful mediation, the attorney will have built the client's confidence up so much that they will be ready to close this chapter. They will make decisions in their realistic best interest. Resolution can be experienced as a welcomed conclusion rather than an uneasy concession.

Practicing these new habits may take some time to get used to, especially if you tend to multitask during mediation. However, by owning these mutual priorities, neutrals and attorneys can help speed the resolution process. Navigating misplaced distrust is simply inefficient but can be reduced through staying present. Setting goals with your client at each break while explaining the role that the mediator will play in achieving it, helps to move the conversation forward. The lawyer's active participation and creation of a plan to give the client expectations help build confidence in the process. It also helps your client trust the neutral's advice. Using your time behind closed doors thoughtfully will provide the most efficient, effective and empowering experience for all parties involved.

Gino Brogdon Jr. is a a neutral at Miles Mediation and a trial attorney at The Brogdon Firm.