“Is That All?” Attorneys Need to Prepare Their Clients for Mediated Settlements (Jeff Kichaven, LA)
“As the sun begins to inch below the western horizon, everybody in the mediation understands that it’s time to stop the blustery tirades against “injustice,” time to make a deal, time to let today become the first day of the rest of their lives.
Well, everybody except one. At one corner of the table sits a disillusioned plaintiff, with no appetite for the pizza the mediator has had delivered. Tears will up in his eyes as he struggles to lift his gaze to meet that of his lawyer. He whispers, “Is that really all they’re willing to offer, after all I’ve been through?”
The preceding hours of mediation have been naught but a prelude to this one moment – the climactic question. It is a moment of great intensity. But it need not be the least bit tense. The best trial lawyers know that sooner or later, the climactic question will be asked. And they will be prepared to answer “yes” – not without disappointment, but with conviction that it is indeed the best the defense will offer.”
A work sheet for counsel preparation
