Page 4 - Alternative Dispute Resolution

S4 | MONDAY, MARCH 28, 2016 | Alternative Dispute Resolution | NYLJ.COM

Maximizing Efectiveness
Your Client’s

In Mediation

K
OC
GST
BI

This article explores ways that clients can tion. However, there are several issues to of the client’s interests in the dispute, mean-
be more involved in a mediation, including discuss and consider with your client.
ing why they want what they want.
BY ROBIN GISE
U in pre-mediation planning and at the ses- The following story demonstrates how
nlike in many phases of litigation, media- sion itself. Ideally, clients should be just as Pre-Mediation Planning With Your Client
powerful this can be: A plaintiff in a media-
tion is a process in which clients can invested and engaged in the mediation pro- tion of a claim against a nursing home told
participate. But what actually happens
cess as they are in their claims or defenses in Help clients identify their interests, not his attorney that he wanted a million dollars
at the mediation? In many cases, when law- a given case. The lawyer plays a critical role only their positions. How can lawyers help and nothing less to settle his claim against
yers spend a lot of time discussing the merits in this regard, not only in preparing a client their clients prepare for mediation? Whether the home, whose poor care of his mother
of their client’s legal theories and settlement for mediation, but also in orchestrating the it is court-ordered or a voluntary mediation, allegedly caused her death. However, there
strategies with the mediator, the client is left right role and involvement for her client at it is critical that the client understands that was no chance that the nursing home was

sitting on the sidelines.
the session.
mediation involves a compromise. The ten- going to pay a million dollars, as the evi-
It goes without saying that every case has sion is that the client has hired the lawyer to dence did not clearly establish that the
different dynamics and different players, and be her zealous advocate, and is now being home’s treatment of the mother, who was
ROBIN H. GISE is a JAMS neutral based in New York. there is no formula for client involvement. told that she will be asked to walk away with already quite ill, resulted in her death. When
She specializes in mediating business/commercial, Indeed, there may be cases where the client something less than desired. To that end, part pressed by his attorney on why he wanted
employment, insurance and construction disputes.
should have less involvement at the media-
of the preparation should include a discussion
a million dollars, the client admitted that