Preparing Your Client for Mediation

You need to meet with your client to have a pre-mediation meeting because there is A LOT to cover. She is only available a month before the mediation OR 3 days before the mediation. You will not receive all of the relevant documentation until 2 weeks before the mediation. True/False: You should advise your client to meet one month before the mediation.

• True

• False

The pre-mediation meeting is not the optimal time to get client input. This should be reserved for caucus.

• True

• False

It’s typical for the client to make their own opening statement.

• True

• False

Which of the following is NOT described in the textbook to include while discussing the mediation process:

• Advise the client that caucus is a safe space to tell the mediator anything

• Estimate the cost of mediation for your client

• Advise your client not to be surprised by the other side's brief

• Talk about the stages of mediation

How many "Key Takeaways" were in the textbook regarding holding a pre-mediation meeting?

• 3

• 4

• 5

• 6

As a lawyer, problem-solving trumps zealous advocacy in mediation.

• True

• False

Which of the following should a lawyer NOT do while preparing their client:

• Prepare your client to be heard by the other party

• Devise likely questions and prepare client's answers

• Remind your client that you will be there to help them present their case

• Prepare your client to overpower the other side

During caucus, the mediators will often provide a "reality check". This often includes the negative parts of your client's case. But, this is not something your client needs to know before the mediation.

• True

• False

Always advise your client about their BATNA/WATNA in pre-mediation meetings.

• True

• False

During a pre-mediation meeting, the lawyer should discuss possible solutions, and more importantly, devise a plan to show the mediator why the other side is wrong.

• True

• False