Preparing Your Client for Mediation - Chapter 44 - AAA Handbook on Mediation - 2nd Edition
Author(s):
L. Randolph Lowry
Page Count:
12 pages
Media Description:
PDF from "AAA Handbook on Mediation - 2nd Edition"
Published:
September, 2010
Jurisdictions:
Practice Areas:
Author Detail:
L. Randolph Lowry is the founder and director of the Straus Institute for Dispute Resolution and a law professor at Pepperdine University School of Law in Malibu, California. Lowry holds a B.A. and M.P.A. from Pepperdine University and a J.D. from Hamline University School of Law.
Description:
Originally from: AAA Handbook on Mediation - 2nd Edition
Preview Page
PREPARING YOUR CLIENT FOR MEDIATION
I. Introduction
The well-dressed corporate officials looked anxiously across the long mahogany table as the plaintiff’s counsel described his client’s age discrimination claim against their company. In the lawyer’s mind the facts were clear, the liability certain and the damages substantial. As the corporate officers listened intently to the lawyer’s presentation, they carefully considered the position they would take in response to the biting accusations.
Those business executives were impressed with the dispute resolution process in which they were participating. They saw how it encouraged the parties to communicate across the negotiation table with the assistance of a professional facilitator. In mediation, they were involved in listening, in sharing their perspective, and in working toward a solution they would help craft. It was a far cry from the formality of the courtroom that treated clients as little more than observers in the drama of litigation.
While real in appearance, atmosphere, and conduct, the entire process described above was only a staged enactment of what the lawyers for the executives expected would take place the following day when the case would be subject to actual mediation. It was a rehearsal undertaken to acquaint the business clients with the dynamics and strategies of what to them was a new and different approach to resolve conflict.
Table of Contents:
I. Introduction
II. Understanding the Mediation Process
III. Mediation Is a Continuation of Negotiation
IV. Mediation Is a Participatory Process
V. Mediation Is a Creative Process
VI. The Theater of Mediation