Often, lawyers resort to mediation because their negotiations have reached an impasse. Usually, it’s a direct result of positional bargaining.
In lawyer-assisted mediation, it is more productive for the lawyer to allow the clients a “free hand” in the negotiating. Certainly, the lawyer will be there to assist and provide immediate counsel and advice.
However, it’s now time for the clients to do the heavy lifting of:
- understanding the implications of their positions
- understanding the issues
- understanding each side’s interests and concerns
- generating options
- evaluating the available options
Mediation may often require the lawyers to “free the reins” so that the clients’ real issues and concerns may be addressed.