Fall 2009 - Atlanta - Divorce Lawyer - Family Law - Atlanta Georgia

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Mediation Preparation: Top 5Ways Your Paralegal or LegalAssistant Can Helpby Sue K. VaronAlternative Resolution Methods, Inc.Once you determine it is time to setyour case down for mediation,your paralegal or legal assistant canprove invaluable by following thesesimple steps:Step 1: Assess What is Necessary to Get theCase Ready forMediation.“As the person incharge of schedulingthe mediation,paralegals/legal assistantsshould have basicinformation.Regarding thetiming of themediation, makesure that the attorneypossesses sufficientinformation and, ifnot, what additionalinformation isneeded. Hasdiscovery beencompleted or can the attorneys and theparties have a meaningful mediation withoutcompleted discovery? If the case is not ready,find out what needs to be done to get the caseready for mediation.Step 2: Mediator Selection InquiriesAsk the attorney what style of mediatorwould be most helpful for the client andfor the case. Which type of mediator doesthe attorney prefer for the case: facilitative(the messenger), analytical (discussing thelegal issues), or evaluative (emphasizingthe weaknesses of each party’s case and thelikelihood of the outcome in court). Somemediators are known for their abilitiesin dealing with emotional, intractable orunshakable clients. Also important is findingout what the attorney believes the other sideneeds in terms of mediator skills.50Step 3: Research MediatorsGather information about mediators anddevelop a resource list. Find out what peopleare saying about different mediators. You canfind out a lot simply by picking up the phoneand talking to the mediator. For those youare unfamiliar with,you can ask howMediation and arbitration aredifferent. In arbitration, theparties hire and pay a privatejudge or pane of judges to decidethe case. In mediation, themediator facilitates the parties’negotiation in an effort to assistthem in reaching a mutuallyacceptable agreement.“long they have beenmediating and findout about the types ofcases they mediate.You can inquire howthey conduct themediation, whetherattorneys makeopening statements,how they avoidhaving openingsessions waste timeor escalate the case,and whether theywill agree to gostraight to caucuswithout anopening session.Criteria that should be made available toyour attorney in helping mediator selectioninclude the following:• Does your attorney need a personwho is able to deal with difficultpersonalities?• Are you looking for someone with aproactive approach to negotiation?• Does the mediator need to have quickanalytical skills?• If this case involves significant assets,does this person have a financialbackground or can they bring insomeone to the mediation withfinancial expertise?• Consider which mediator will havecredibility with both parties.Fall 2009
• Does the mediator’s style involve helping theparties find new ways to explore settlement?Step 4: Help The Attorney Prepare for MediationOrganize the file so that pertinent documents areeasily accessible. All files, documents, letters, pleadingsand evidence should be indexed for the attorney andthe client. This will avoid having the attorney shufflethrough documents.Prepare a mediation notebook divided into sections thatinclude the following:• Summary of the Case• Domestic Relations Financial Affidavit• Child Support Worksheet• Net Worth Statement• Discovery Responses• Appraisal(s)• Settlement Proposal(s) (any settlement offers thathave gone back and forth; different settlementoutlines)• List of Relevant Documents (which should be in aseparate file box)Frequently, one party arrives at mediation organized,and the other party notices whether his/her attorney ismore or less prepared.Step 5: Prepare Your ClientAn attorney-client meeting should be scheduled priorto the mediation to explain the mediation process to theclient. You can inform the client that the attorney will bediscussing the following:• The logistics: that initially they may be sitting ina conference room with the other party and theirattorney or, in the alternative, the parties may gostraight to caucus.• The procedure: who will summarize the case(attorney or client) and whether the client will needto speak or just listen. The client should be informedthat there will be long periods of down time. Duringthe caucus, the parties will have the opportunityto vent, discuss and inform the mediator of theirwants and needs. The client should be made awarethat caucus discussions remain confidential unlessthe mediator is given permission to disclose thingsto the other side. Clients should be forewarned thatthe mediator will discuss the weaknesses of thecase, as well as the possible outcomes at trial.• The negotiation process: The client should bewarned about creating bottom lines. Mediationshould be viewed as an opportunity to thinkoutside the box, coming up with creative solutionsin order to resolve the case. It is important for theclient to think about things that are important tothe other party. Framing proposed resolutions thattake into consideration some of those factors maygenerate positive movement toward a settlement.• The compromise: Clients need to be reminded thatcases settle because both parties compromise. Thepoint should be driven home to the client that whena case settles, both parties have given up somethings in order to have the case concluded and thelitigation over. The client needs to consider the costsof a trial as part of the cost benefit analysis.Preparation is often the key to a successful mediation.Pass along this 5 Step list to your paralegal or legal assistant.With the help of your paralegal/legal assistant the processcan be much more productive for all participants. FLRSue K. VaronAlternative Resolution Methods, Inc.svaron@armvaluations.com770-801-7292www.armvaluations.comMediation Preparation:Top 5 Ways Your Paralegalor Legal Assistant Can HelpStep 1: Assess What isNecessary to Get the Case Readyfor Mediation.Step 2: Mediator SelectionInquiriesStep 3: Research MediatorsStep 4: Help The AttorneyPrepare for MediationStep 5: Prepare Your ClientThe Family Law Review 51Fall 2009
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Fall 2009 - Atlanta - Divorce Lawyer - Family Law - Atlanta Georgia

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