Diplomacy be damned; it’s the results they want. The time and patience required for joint sessions and openings in mediation often present a challenge for even the best trial lawyers. The instinct of any good advocate is to advocate right from the start. Clients are invested in the issue and have high expectations for their advocate—there is no time for small talk.
However, mediation is like a first date—even both parties know how it will end, it is essential to take a moment to get to know one another. Litigators now know that most cases, especially business cases, will settle—it is just a matter of when and for what. The statistics continue to show that only about 2% of all civil cases are resolved by a judge or jury.Ken Kendrick, Henning Mediation & Arbitration Services, Atlanta. (Courtesy photo)