The Better Chancery Practice Blog

This is Part I of the series on mediation by Don Dornan, Jr. of Biloxi.

MAKING AN OFFER THEY CAN’T REFUSE

Why Mediation?

There are overcrowded dockets in many of Mississippi’s Circuit and Chancery Court Districts. In the more populous counties, the time interval from filing to trial date can often be many months. The uncertainties of full dockets, motions under advisement and trial resettings frustrate litigants. These factors operate on both plaintiffs and defendants. Mediation offers parties an immediate forum and process which focuses on the strengths and weaknesses of the case and provides an opportunity to avoid the transactional costs of litigation and the uncertainties of trial.

Attorneys and judges have come to realize that approximately 90% of civil cases are settled at some point in the litigation process. They have learned that the mediation process creates a focus by the parties not previously achieved through routine discovery. This direct focus on strengths and weaknesses promotes resolution. Even when a mediation is unsuccessful, valuable information about the opposing party’s evidence, legal arguments and strategy is often gleaned.

Become Proficient Representing Clients in Mediation

If, as posited above, mediation has become a recognized and entrenched process for resolving litigated disputes, lawyers representing plaintiffs and defendants are well advised to expand their knowledge and understanding of the mediation process. In mediation, lawyers are tasked with the role and responsibility of obtaining the best result for their clients. However, in mediation, the lawyer’s role is unique in that he acts as an advocate and a negotiator. Recognizing these dual roles and refining a lawyer’s skills in each area are keys to successfully representing clients in mediation.

Lawyers who are successful in “making an offer they can’t refuse” have learned to embrace the mediation process. They know to develop a clear strategy and objectives with the client and how to utilize negotiation techniques intrinsic to the process.

Tagged: mediation