Law Tips: Most Effective Things Lawyers Do In Preparing For And Conducting Mediation

ICLEF Law Tips #42

“Today’s your best day because you have real input on how your case settles and under what terms.”  The opportunity to speak these words to his clients is one reason Michael Bishop, Cohen, Garelick & Glazier, Indianapolis, devotes a considerable amount of his law practice to mediation.

Michael has gained a powerful perspective on mediation from thirty years of involvement in mediation cases and his role in development of the ADR rules.  He shares that skill as the ongoing chair of ICLEF’s “CME for Civil Mediators” seminar.  Michael uses his experience to develop lists that he incorporates into his CLE presentations of the effective, or ineffective, behaviors he has observed.  I am pleased he agreed to share the “Effective Things Lawyers Do…” list for the Law Tips blog this week.

10 Most Effective Things Lawyers Do In Preparing For And Conducting Mediation

    1. Thoroughly reviewing the file.
    2. Preparing a concise mediation statement describing details of the case.
    3. Meeting with the client before mediation to describe the process and develop a uniform mediation strategy.
    4. Securing attendance of the decision maker at the mediation.
    5. Confirming the status of any liens or indemnification agreements well in advance of the mediation date.
    6. In the opening session, presenting a professional and organized review of the case and issues addressed specifically to the opposing party and not attorney.
    7. Engaging in brainstorming sessions with the mediator and not simply criticizing all settlement solutions proposed by the mediator.
    8. Counseling the client on the positive and negative impact of potential settlement options.
    9. Maintaining professional composure in spite of negative turn of events.
    10. Listening to mediator’s suggestions on potential avenues for resolution.

I hope these reminders assist you as you approach your next mediation. If you are interested in CLE or CME in this area, there are several opportunities in the upcoming months to attend a Video Replay of “CME for Civil Mediators“, Click Here for more info.

We had a chance recently for an interesting conversation with Michael Bishop when he was featured in our “Speaker Spotlight.”  To hear his thoughts on the growth and developments in the ADR and Mediation areas of the law, click on the video below.



About our Law Tips faculty member:
Michael Bishop is a partner in the Indianapolis law firm of Cohen, Garelick & Glazier.  He concentrates his practice in the areas of probate and trust litigation, civil litigation, mediation and arbitration, and adoption law.  In 2008 he was selected as a Member of the American Arbitration Association National Roster of Neutrals, one of only 40 serving in Indiana. Mr. Bishop is the author of “Civil Mediation”, Indiana Alternative Dispute Resolution Practice Guide, a member of  the faculty of the Indiana Trial Advocacy College and is the Primary Trainer for Advanced Training for Civil Trial Mediators in Indiana.  He has served on the Board of Directors of the Indiana Continuing Legal Education Forum and for numerous years as the chair of ICLEF’s CME for Civil Mediators program.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We are utilizing her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

Thank you for reading Law Tips. You may subscribe to this weekly blog through the RSS link at the top of this page. You are encouraged to comment below or contact Nancy.   She enjoys hearing from readers and welcomes your input as she continues to sift through the treasure trove of knowledge of our CLE faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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