• Giving Clients a Voice at Mediation in Most of the Cases I Mediate, The Parties Know Each Other.
  • August 24, 2017 | Author: David W. Henry
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Orlando Office
  • The dispute may be with former employees or business partners, competitors, customers or myriad other relationships that existed prior to the dispute and mediation. One strategy I occasionally employ is to let the clients speak to one another without their lawyers. From time to time, getting the lawyers out of the way is helpful. Of course, if there is any concern over the potential for bad behavior or vituperative comments, then I will keep the parties separate or stay in the room while they speak to one another. Every mediator has the obligation to safeguard the process and protect the parties from threats, duress or incivility. To be sure, we have to be careful here—lest the clients elevate the situation with bickering or even worse—but we also have to guard against the tendency to make this a lawyer-driven process. Clients should not be denied their voice. Many times, allowing the clients to be heard is a key component and integral step on the path to settlement.