Teaching Negotiation/Conflict Resolution (a required course) at UNT Dallas College of Law illuminates yet again (for me) the challenge new lawyers face when explaining mediation to newly minted litigation clients. After the sign up, the client exclaims: “Settlement!?! But I thought we were going to make beautiful law together?” A compound challenge when the lawyer is a rookie at mediation. Here are six ideas to help.
Idea No. 1: What starts well ends well. Signing up a new client is like the flush of new love. What could possibly go wrong? After all, we’re in sync, are we not? Don’t believe it. So, the introduction of mediation starts with the engagement letter: define mediation, require client consent to it, and verbally review the mediation provision. Too often, we erroneously believe the client carefully reads each line of the engagement letter, absorbing all concepts (both familiar and alien), and that our job is thus done. Think again.
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