Mediation can be daunting for new attorneys, but beginner techniques such as pre-selecting questions, active listening, and warm greetings can help. Mediation is informal and off the record, and attorneys should determine their client’s minimum settlement and prepare them for compromises.
Mediation can seem like an overwhelming task for a new attorney. There are some mediation techniques for beginners that can make the process a little smoother. It is important to prepare for mediation by pre-selecting the questions that will be asked during the session, but it is equally important to practice active listening when the other party offers possible remedies. The role of mediation is to reach an amicable agreement for both parties without the cost and time required for litigation. The attorney’s role is to represent the client’s best interests, and this can be done by understanding the minimum settlement that would be accepted by the client.
Starting the mediation with warm greetings that create a non-threatening atmosphere is a nice way to calm both parties. Using beginner mediation techniques, such as the repeat technique during a mediation interview, is a key element in many successful mediation interviews. This is a type of active listening and requires the lawyer to repeat what the other has said so that the individual knows they have been heard and understood. For example, the attorney would say to the opposing counsel, after the client makes the claims, “What your client is saying is that he would like to have 50/50 custody of the children.”
A mediator typically oversees the mediation, and decisions made are not binding until an agreement is signed by both parties. This creates an informal atmosphere that can be used to help both parties reach an agreement without conversations being used in court. Successful attorneys use beginner mediation techniques, such as understanding that mediation is not as intrusive as a deposition, where everything discussed is recorded by the court. Conversations that take place in mediation are off the record for promoting a successful resolution. Litigation can go on for weeks and sometimes months which drains the resources of the court system and mediation is set up to avoid litigation if possible.
Determining in advance a minimum settlement that will be accepted by a client will help an attorney better serve the client during the mediation process. Typically, both parties have to compromise to come to terms that are acceptable to both parties. A couple of beginner mediation techniques include preparing the client for compromises that may be required of them and determining what elements can be used as flexible negotiating tools. Predetermining the interests of the other party is helpful in defining the terms of the resolution. If the opponent has claims that can be met but require minor modifications, mediation is where these terms can be agreed.
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