mediators & the attorney-client relationship
I previously posted on different views of the lawyer’s role in mediation. Here’s an article offering yet another perspective on the topic. It posits that many lawyers come to the mediation table fearing that the “mediator will somehow usurp them and their role and have a disproportional influence on their client's attitude to resolution.” The piece goes on to offer some tips on how mediators can address this concern and honor the attorney-client relationship. Among the helpful hints for mediators to consider: (1) acknowledge the lawyer’s expertise; (2) treat counsel as co-mediators adept at negotiation; and (3) give lawyers credit where credit is due – make them “look good.” I like the article’s suggestions on how to ease mediator-advocate relations. But, vis-à-vis the lawyer-client relationship, I think the mediator’s role goes well beyond allaying counsels’ insecurities and satisfying their need for control. Indeed, success in mediation often rests on whether the mediator has taken the time to ensure that advocate and client have a common understanding of the matter and have worked together to set realistic goals that meet the client’s real needs and interests.
