Matthew W. Argue is a full-time mediator focusing on real estate, insurance and construction disputes. A former partner and head of construction litigation for Procopio, Cory, Hargreaves & Savitch LLP in San Diego, Calif., he serves on the AAA Mediation Complex Construction Panels.
How do you know if mediation is appropriate for your client? How do you prepare yourself and your client for mediation? A mediator and former litigator offers 11 practical tips for attorneys who represent clients in mediation or are contemplating doing so.
There is no magic formula for a successful mediation. But there are basic factors that are key to effective mediation, such as the willingness to work with the other party in resolving a dispute and being open to what the other party and the mediator will bring to the table during the process. It is certainly to your advantage to familiarize your clients with the process. For attorneys who are new to mediation, there are countless “how to” books, articles, seminars and workshops that offer advocacy strategies. It also helps to get the insights of practitioners and mediators. This article is exactly that: practical tips based on my experience as a mediator.