(From PropertyCasualty360.com) Editor's Note: Below, A. Michelle Jernigan and Bruce A. Blitman, who are both certified and experienced mediators in the state of Florida, continue their discussion about effective mediation advocacy. 

In part 1 of this series, we introduced five qualities commonly possessed by attorneys who are successful as advocates in the mediation process. We simultaneously identified ways attorneys can unknowingly sabatoge the same process. Here, we expound upon that framework with a candid discussion about what helps and hinders dispute resolution.

6. Managing Client Expectations: “What Do You Really Want?”

As all seasoned mediation advocates know, proper management of client expectations begins at the start of the attorney-client relationship. Once an attorney begins to understand the basic facts of the case and analyzes the applicable legal theories, it is time to craft a preliminary assessment of the case. It may be necessary to conduct some discovery and investigation before reaching any final conclusions. While some exploratory discovery is a necessity, confirmatory discovery may be overkill and should be avoided in certain instances.

Throughout the management of a case, counsel should repeatedly advise the clients of the strengths and weaknesses of the case and explain what a realistic adjudicated outcome might be. Attorneys also must explore with their clients what their true interests and needs are, rather than focusing on their legal rights and positions. A discharged employee may prefer reinstatement and an apology, rather than money. The interests, needs, motivations, concerns and reasons for each client are unique. There is no one right solution to each client’s problem, and an attorney should help each client to understand what is actually wanted and needed as an acceptable resolution to each dispute.

Attorneys need to explain thoroughly to their clients that the lawyers’ role in mediation will differ from their role in litigation. Lawyers who fail to take the time to do this will find their clients are disappointed with their performances at mediation – that they were “too soft” or weak in their presentations. Lawyers should emphasize to their clients that certain outcomes that cannot be obtained through a trial can be achieved through mediation. This explanation should encourage the clients to be engaged and invested in the mediation process.

Read more [HERE].