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What Are The Most Common Failings of Lawyers in Mediation?

Posted: Friday, 4 January 2019 @ 13:43

From my experience of mediation what are the most common failings of lawyers during mediation?  

Here are some examples. 

Lack of Confidence in the Process – There are many lawyers who lack confidence, understanding of the process and accordingly allow this to cloud their thinking.  

Preparing For the Case as though it was trial where you have to prove your case to a 3rd party. There is rough and tumble in litgation but some of the worst conduct I have seen has come from lawyers which is actually quite shocking when you think about it..

 Linked with this, a common failing which I experience with lawyers is the tendency to be over-aggressive and making direct attacks on the other side.  

Bringing in difficult persons who undermine the prospects of a settlement being reached.  

Bringing in the wrong person such as someone with inadequate knowledge of the dispute.