Working with the Mediator

     Being able to work well with the mediator is critical to the success of mediation. An attorney is aided in doing so if they have a good understanding of mediation, and have familiarized themselves with the model being used. 

 

     The mediator can be used as a tool to reframe positions into interests, or neutralize statements so that they are more clearly heard and understood by the opposing party.

     In your role as an attorney, you can also work with the mediator to reality test your client's positions and potential solutions to ensure feasibility.

     As the attorney-advocate, you can even make direct requests of the mediator to pass information to the other side, determine whether the other side would be open to a proposition, reality test any of the parties involved, cut off attacks against your client, etc.