The great 20th century architect, Ludwig Mies van der Rohe, once said, “God is in the details.” An important concept in architecture, to be sure, but it is a concept that is also of vital importance in achieving a successful result in mediation.
Each mediation is unique; the facts are different, the issues are different, the goals are different, and the dramatis personae are different. The successful mediator prepares by reading the memoranda, the pleadings, the discovery, and the medical records and expert reports. He makes sure that they know the underlying law. And of course, it is expected that the mediator will try to find out something about the personalities of the attorneys involved. Finally, we should be speaking to the attorneys involved to ask them what we should know about their clients. In short, each of us tries to do everything before the mediation even starts to maximize the chances of success of the process.
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