Chapter 2 The Necessary Learning Curve

• Jurisdiction: United States

Chapter 2 The Necessary Learning Curve

If you are new to mediations, a good start in your learning curve is to call in some favors. Pick up the phone or take a good lawyer or three out to lunch. Preferably, contact respected ones from both sides of the aisle. Ask if you can "shadow" him in a forthcoming mediation. Most lawyers, being the vanity sponges we are, will be flattered to be asked.

But don't just show up at the mediation. Get a feel beforehand for the issues in the case. In confidence, ask about prior settlement discussions. If the lawyer you are shadowing is having a pre-mediation conference (live or by phone or online), ask if you can be part of the loop. Most importantly, say not a substantive word during the entire process. Do not even ask the lawyer you are shadowing any questions that you may have during the process. Take good notes, then ask your questions after the mediation is over. Clients do not like to see their lawyers dealing in wasteful periphery on mediation day.

If you pay close attention as you should, you will see that every advocate has his own style, and even that style may be fine-tuned to the issues in that particular case or the personalities of the...