Friday, February 14, 2014

Do you Engage Your clients in a True Risk/Benefit Analysis in Mediation?

jan frankel Schau     In the theme of Valentine's Day, I attended a networking meeting of a group of lawyers today who almost  uniformly reported that what they loved about their jobs was bringing solutions to their clients who presented them with a wide array of legal problems, ranging from tax indebtedness to estate planning to white collar crime to divorce.

     In mediation, my experience is that few lawyers take the time to objectively analyze the risks and benefits of proceeding with the lawsuit which they have been engaged to zealously prosecute by clients who are less well equipped to analyze the risks and benefits associated with litigation.  Enter the diplomatic mediator who can help analyze the unspoken risks, the non-monetary benefits to your client.

     A sensitive and professional third party neutral can assist you and your clients in that difficult conversation which you may have fastidiously avoided since the client hired you.  What does success look like and how much is your client willing to sacrifice or risk to get there?
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