Advocacy
How is advocacy different in Mediation than in Litigation?
In mediation, you will have a problem solving role instead of a more adversarial take
The 5 necessary parts of preparing your client
1.Holding a pre-mediation meeting,
2. Setting realistic expectations
3. Explaining your role in the mediation
4. Describing Caucus
5. Advising the clients about their role
You should always conduct a _______ pre-mediation meeting
Thorough
How is consent defined in this presentation
fully informed and voluntary consent after disclosure.
A legal obligation of one party to act in the best interest of another
Fiduciary Duty
2 important parts of your role in mediation
Any of the following will be accepted:
- Preparing your client for the mediation
- Holding a pre-mediation meeting
-Describing all possible outcomes thoroughly
What is the clients role in mediation and why is it important for them to understand this?
The clients role in mediation is a very active role. This is important for them to understand because they must communicate and understand it is up to them to help come up with a solution
The pre-mediation meeting should take place once this has happened
Once the documents have been received from the other side
The code we referred to in the presentation that defines consent
FLSC Model Code
Why might an unethical lawyer try to drag out a case?
Monetary gain
the crucial part of mediation that many advocates forget
Explaining caucus to a client before the mediation
What do you need to prepare your client for when it comes to the other side ?
- Review any documents that were disclosed by the other side to gauge their reaction and devise a strategy
At the pre-mediation meeting, suggest the client do an opening statement. Opening statements during the mediation could be helpful but is not _____?
Necessary
The difference between consent to participate and capacity to mediate
Consent to participate - fully informed and voluntary consent
Capacity to mediate- assessing any barriers to mediation i.e language barrier
it is generally in the client’s best interest to seek _______ as soon as practicable.
Closure
Why is it important that your client understand your role in mediation?
In mediation, the advocate may not be as zealous as one would expect with only knowledge of litigation. This may cause the client to think you are not after their best interest, although that is not the case.
When discussing the outcome of the mediation what are some things that you should discuss with your client?
Encourage them to be flexible. A good option is to have your client make a list of 5 acceptable outcomes
You should give your client homework of sorts. Your client should do this when considering the outcome
Have them come up with 5 acceptable outcomes
2 things to consider when looking at capacity to mediate
Acceptable responses :
- Any language barriers?
- Age
-Mental disability
-Does your client need a support person
When looking at conflicts of interest, the two categories to look at are ______ and __________
Consent to participate and Capacity to mediate
the most important thing to know about your client
their goals and interests
- They are a third party "helper" of sorts
- They cannot force a solution on the client
- The mediator may discuss weak points of your case during caucus, prepare your client for this
It is important to receive any _________ from your client
Feedback
Acceptable Answers:
- All possible outcomes
-The clients role in the mediation process
A client must __________ to mediation
Consent