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During Mediation:
You may give opening statement. Obtain permission from your client to do so.
Do not interrupt.
This process is for the disputants. Your role is merely as a spectator unless your client wants you to negotiate on their behalf or wants to gain legal advice from you during the negotiation process.
Ask permission to take notes or record session. If any one person objects, no recordings of any type are permissible.
Refrain from engaging in side conversations with your client. This can be intimidating.
Do not use mediation for discovery.
Prior to mediation, encourage your client to seek alternative solutions that he/she can agree to. This will empower him/her to barter for what they want.
Encourage your client to seek mediation in the future for disputes to avoid litigation or to open communication and fill in the gaps.
Do talk with your client after an agreement has been made to ensure the courts will allow such an agreement.
It is not necessary for attorneys to appear at Mediation since the idea is to make the atmosphere less intimidating for the disputants.
It is also geared toward helping to resolve conflicts now and teach them tools for resolving conflicts in the future.
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