By Hon. Angela C. Robinson
Here’s a little secret that lawyers don’t often acknowledge: sometimes, clients don’t want to heed their lawyers’ advice, and sometimes clients think that they can better predict the likely outcomes of litigation than their lawyers. Of course, Professional Rules of Conduct require that lawyers advocate in accordance with the client’s lawful wishes. But these rules also require the lawyer to understand and to advise the panoply of options available and to direct the client toward the strategy most likely to lead to a successful dispute resolution. It can be complicated to navigate this vast and sometimes tricky terrain.
This is precisely where Alternative Dispute Resolution (ADR) can be indispensable!
We generally think of ADR, particularly mediations, as a quality process for resolving disputes among adversarial parties in lawsuits. It is, indeed, perfect for those. Mediation and the application of mediation-skills has much broader reach, though.
To return to the scenario of the difficult client, attorneys who employ a mediator enjoy certain benefits. A mediator can ask the tough questions, challenge the specious or unfounded assertions, and explore the “irrelevant” factors in a way that an attorney-representative would be hard pressed to do. A mediator can explain the legal culture to laypersons. And, because mediators are trained to build trust, rapport and consensus, they can often accomplish these goals in a way that is not perceived as invasive, offensive and hostile.
Mediation provides a forum to facilitate communication. Oftentimes that includes communication that could be more contentious and potentially combative in unfacilitated interactions.
If you are interested in learning more about how a professional mediator, such as myself, can help move you or your client’s dispute closer to final resolution please reach out. I have ideas, techniques and suggestions.