By Mediator Lee Wallace
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How to Answer Your Client’s Top Questions About Mediation, Part 1
Most people have seen hundreds of trials on TV or in the movies, and they have at least a general understanding of what happens. But when it comes to mediations, many clients have no idea what to expect.I am writing a series of blogs that you can print out and hand to your clients when you prepare them for mediation. These blogs will answer the most common questions that clients have. At the end of the series, I will be compiling the information into a short, easy-to-read booklet that also will be available to download for your clients.
Today’s questions:
How long will the mediation take?
What should I wear?
Who will be at the mediation?
Will the judge be at the mediation?
Where will the mediation be?
What about lunch?
Can I bring someone to the mediation?
Will it work?
Answers from mediator Lee Wallace:
How long will the mediation take?
You should plan for the mediation to last all day. Sometimes mediations move more quickly, but generally speaking I find they take about a full day. Remember that if you set aside the whole day, you can always find something interesting to fill the rest of the day. But if you plan for the mediation to last just part of the day, you may wind up having to choose between missing what you had planned for the rest of the day or missing out on an opportunity to get your case over and done with at the mediation.
What should I wear?
You should wear nice clothes that are comfortable. I tell clients to think about what they would wear to a religious service, and keep it at that level or maybe slightly more casual. The other side will be watching you and thinking about how the jury will view you. You want to put your best foot forward. In case the conference room is cold, be sure to bring a jacket.
Who will be at the mediation?
The mediator will be there, of course, as will the attorneys for both sides. The plaintiff will almost always be at the mediation, but the defendant may or may not attend. For example, in a car wreck case, the defendant car driver may not be present, particularly if he is not local. Sometimes one party also will send an adjuster or corporate representative.
Will the judge be at the mediation?
No. The mediation is a chance for the parties to try to work out a settlement before trial. The judge will not be there.
Where will the mediation be?
Most mediations takes place in an office building with lots of conference rooms. If I am your mediator, I work at BAY Mediation, 5775 Glenridge Drive, Building E Suite #100, Atlanta, GA 30328. If you are working with a different mediator, your attorney will give you the address.
What about lunch?
How the food works varies depending on where you are mediating. It usually makes sense to have lunch at the mediation site, so everyone can keep working towards settlement. At BAY Mediation, we let each person order lunch and then we have it brought in. The price is included in the mediation. We also provide free snacks and drinks throughout the day.
Can I bring someone to the mediation?
From a mediator’s standpoint, I welcome anyone who can help you make a decision on the day of mediation. However, it is very important to talk to your attorney before you ask anyone to come to the mediation with you. Usually your attorney will be comfortable with letting you bring your spouse, but your attorney needs to make that decision.
Will it work?
There are no guarantees. The good news, though, is that about 70% of cases do settle at mediation.