As part of my mediation process I ask each advocate to submit a pre-mediation statement. The most important part of this submission is what I call the “heart” of the submission. This is where I ask each advocate to include two scenarios for settlement, both of which are acceptable to one’s client.

The purpose of asking for two different settlements is that the first is usually the client’s wish, while the second fulfills the client’s needs. The request should compel the advocate to have a heart to heart talk with the client about the pros and cons of the case and to delve more deeply into the requirements that will allow one’s client to move forward towards settlement. It should also include a conversation about the probability of success and defining success.

Having this conversation with one’s client prior to the mediation session prepares the client for the hard work of the mediation and brings reality to the front of both the advocate’s and client’s mind.