By Mediator Lee Wallace
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How to Answer Your Client’s Top Questions About Mediation, Part 2
Although mediation seems commonplace to us as lawyers, clients who are not familiar with the process can get very nervous before the big day. I am in the second of a blog series on how to prepare your client for mediation. At the end of the series, I will be providing a downloadable booklet that you can print out and hand to your clients.
NEXT WEEK: What to Tell Your Client About the Opening Conference.
This Week’s Questions:
What should I bring?
Will I have to say anything?
What happens if we reach an agreement?
Do I have to reach an agreement?
What happens if we don’t reach an agreement?
How soon will I get my money?
How soon will I have to pay money?
Answers from Mediator Lee Wallace:
What should I bring?
By all means bring a magazine, a book, or a game on your phone! Mediations are hurry-up-and-wait situations. As the mediator, I will meet with your side, and then go talk to the other side about what you have said. They will listen and then usually want to confer privately about how they want to respond. They will call me back in and give me their response, and only then will I have something to take back to your side. In the meantime, you will be glad you have that book with you.
Will I have to say anything?
For many clients, talking about what happened is a critical step in the settlement process, and I always give everyone in the room a chance to talk. But you are not required to say anything, and no one will be offended if you opt not to talk.
What happens if we reach an agreement?
If I am your mediator and you reach an agreement, I will write out a general outline of the terms and have everyone sign it. Usually the lawyers then will go back to their offices and write up a more detailed agreement, and get the parties to sign that agreement, too.
Do I have to reach an agreement?
No. The beauty of mediation is that it gives you control over the process. You can walk away if you do not like the deal. Of course, walking away means that you will be facing a trial. Before you give up on settlement, you need to talk to your attorney about the costs and consequences of not reaching a deal. Trials are expensive, time-consuming, and often unpredictable. You want to know the facts when you make your decision.
What happens if we don’t reach an agreement?
If you do not reach an agreement, then typically the case proceeds forward to trial.
How soon will I get my money?
Generally the wheels move quickly after a mediation, but how fast the money changes hands depends on the parties and the agreement, and sometimes on other factors unique to your case. Ask your attorney for the specifics that will apply in your case.
How soon will I have to pay money?
Generally the wheels move quickly after a mediation, but how fast the money changes hands depends on the parties and the agreement, and sometimes on other factors unique to your case. Ask your attorney for the specifics that will apply in your case.