Clients generally need a briefing on the process before mediation begins; because many clients may be unfamiliar with the goals of mediation, preparation is key

Article Abstract:

Preparing clients for mediation includes selecting the representative, explaining the process, encouraging a flexible attitude, and establishing the importance of the client's goals. The representative should be familiar with the dispute's causes, senior enough to have settlement authority and to not insult the opposing party, creative, and a good negotiator. The attorney should make clear the length of the mediation process and the strong emotions often expressed.

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What lawyers like: mediation: NLJ/AA survey: less rigid ADR preferred to arbitration

Article Abstract:

A survey by the National Law Journal and the American Arbitration Ass'n found that attorneys who favor alternative dispute resolution increasingly prefer mediation to arbitration. Overall, 69% of litigators and 88% of corporate counsel who responded to the survey state a preference for nonbinding mediation over binding arbitration. Other information from the survey is given.

Usage, Surveys, American Arbitration Association

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A look at mediation

Article Abstract:

The Civil Appeals Management Plan adopted by every circuit court of appeals but the Federal Circuit is discussed. The risk of losing on appeal and the desire to protect a favorable lower court opinion, and an immediate financial need to settle can motivate clients.

Federal courts, Negotiation, mediation and arbitration

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