Why Attorneys Choose Mediation
Private mediation offers
attorneys and their clients many advantages:
▼ Relationship with Client
▼
Client Satisfaction
▼ Privileged Settlement Negotiations
▼ Sometimes In the Client's Best Interest
▼ When Clients Want to Apologize or Forgive
▼ Emotionally-Charged Issues
▼
Court Back-Logs
▼
In-House Counsel
▼
Small Cases
▼ Internal Disputes within a Law Firm
Relationship with Client: Private mediation can help
enhance the working relationship between attorneys and their clients. A
private, facilitative Mediator will not evaluate the legal merits of
the case, in part because contradictory legal opinions can risk weakening the
attorney-client relationship. Instead, facilitative mediation honors the
relationship between clients and their attorneys, and assists them in working
together productively.
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Client
Satisfaction: Most cases settle. How they get to
settlement, though, can affect the client's satisfaction level. The more
hostility generated, usually the less happy the client. Also, many cases
settle "on the courthouse steps," and clients under these pressured conditions
later may question whether they made a wise decision. Mediation can
offer clients a much less pressured environment to explore their settlement
options, thus increasing the likelihood of their satisfaction with the
results.
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Privileged Settlement
Negotiations: Communications in ordinary settlement
negotiations have only limited protections against later disclosure and use.
In contrast, mediation communications generally are privileged. Thus,
Parties and their Attorneys have significantly more freedom in the mediation
setting to discuss their options, without the fear that an admission might
later be used as ammunition in court.
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Sometimes In the Client's Best
Interest: Many clients come to attorneys needing help with more
than just the legal issues. When the Parties to a dispute will have to
interact with one another in the future, it may be in their best interest to
resolve the legal dispute in a way which does not damage, and in fact mends,
their relationship. This need to address non-legal issues often is
present in business situations, as well in disputes which involve family or
friends.
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When Clients Want
to Apologize or Forgive: Many clients feel strongly that they
should take responsibility for the harm they caused to another person, and
that, at the very least, they should apologize. Similarly, many clients
have a strong desire to reach out and forgive those who harmed them. In
both such cases, however, a statement of apology or forgiveness could
jeopardize the clients' legal positions. Fortunately, the mediation privilege
can provide a "safe haven" in which clients are much more free to interact
with each other on a human level, and to explore true conciliation.
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Emotionally-Charged
Issues: In some cases, the emotions of one or more of the
Parties may be so intense that they interfere with rational decision-making.
The mediation process is designed to address this type of situation. It
allows Parties to vent their emotions, and explore their underlying concerns,
so that they may begin to re-focus their energy on solutions.
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Court Back-Logs:
Court back-logs are causing long delays before clients can have their day in
court. Recent budget problems, with reduced courthouse hours, are making
this problem even worse. With mediation, however, attorneys can help
their clients find resolution on a schedule which meets their needs.
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In-House Counsel:
When a business, organization or governmental body is faced with a dispute,
in-house counsel usually would prefer not to have to litigate. Mediation
can provide an opportunity to resolve the dispute short of having to resort to
litigation. Even when a claim has been filed, mediation often can allow
more amicable and less expensive resolution, preventing escalation of the
conflict.
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Small Cases:
Many attorneys find themselves turning away potential clients because the
litigation costs likely would exceed the amount in dispute. When these
smaller claims are addressed in mediation, however, significantly less
attorney time is needed. Often, clients will seek legal advice only at
the beginning of the process - to determine their legal rights; and then at the
end - to have their draft final agreements reviewed. Attorneys can
structure agreements with such clients to provide assistance during the
mediation process, but not commit to continuing representation should the
dispute proceed to litigation.
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Internal Disputes
within a Law Firm: Law Firms, like any business, often will
have internal issues and disputes which can interfere with working
relationships. Private mediation or facilitation can help Law Firms
identify problem areas, and develop an appropriate approach for addressing
these issues.
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