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Mediation 7.mediation summary with risk client’s perceived need to win, but is preferable to the cost and trial. a ofthe opponent’s theShare your Your client must realize that the adverse party will never be client persuaded that they are wrong and your client is right. Advise the client that the mediator is neutral and will not try to persuade If you get a summary the other party that they should settle favorable to your client. from the opponent, share You should stress that mediation is not an adversarial proceeding it with your client. Th cli- and that your client should not expect you to engage in vacuous e ent should go into the me- hyperbole. Your client should be prepared for a negotiation that diation with an understand- is hard on the merits but easy on the people. G ing of the facts and law as viewed by the other side. Contributor, D. Robert Hoyle Explain that the mediation Harrison, Kirkland, Pratt & McGuire, P.A. is not a matter of taking po- 1206 Manatee Avenue W sitions, but is a recognition Bradenton, Florida 34205 of needs. Litigation can take tele:  941.746.1167 on a life of its own. Clients fax:   941.746.9229 drh@manalaw.com become invested in the pro- www.fl oridamediators.org/robert-hoyle cess emotionally and fi Alabama State Court Registered Mediator nan- cially. Th client may be seeking some form of vindication in the Florida Supreme Court Certifi Circuit Civil Mediator ed e lawsuit that is diffi to give up by settlement. Th dismissal of Florida Supreme Court Certifi County Civil Mediator ed e cult Florida Supreme Court Certifi Appellate Mediator ed the lawsuit without determining a winner or a loser may not satisfy Federal Mediator THE PERFECT SOLUTION TO THE CARPOOL LANE. Birmingham Bar Bulletin/ Winter 2012 13


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