What is an effective pre-mediation strategy for counsel?
Counsel should look at the dispute from the other party’s point of view. This will help counsel to determine if there are factors driving the other party’s position that might be capable of resolution in a different way. Counsel should focus on how the opponent views the case and the assumptions, evidence and legal analysis that support that view. Counsel should also consider the motivation of the opponent’s decision maker and the factors that are likely to change or influence that view. Counsel should consider what will happen if settlement is not reached. If there are benefits to settlement, counsel should encourage the parties to be open-minded and to explore solutions that might alleviate the other party’s concerns.
