Preparing your client for mediation in advance of the actual mediation conference is crucial to ensure a smooth and productive process that will, hopefully, lead to a resolution of the disputed issues.

Mediation is a very effective venue to get your case resolved. Attorneys that utilize the process are generally very familiar with the process. However, the individual clients, whose mediation it really is, are often not familiar with the process and, in fact, are often intimidated by having to make an appearance at an official legal function. Preparing your client for mediation in advance of the actual mediation conference is crucial to ensure a smooth and productive process that will, hopefully, lead to a resolution of the disputed issues. This article addresses ways to familiarize your clients with the mediation process to help manage their expectations and reduce their anxiety.

An attorney can manage a client’s expectations for mediation by taking several strategic steps to ensure the client is prepared and understands the process. Here are key ways an attorney can help:

• Understanding Mediation: First and foremost, explain to your client the purpose and process of mediation. Let your client know this is a process wherein a neutral third party, the mediator, assists the disputing parties in negotiating a resolution or settlement. Emphasize that mediation is less formal, less adversarial, and can be quicker than court proceedings. Mediations can be voluntary, or court ordered, but the same procedures apply to both.  Explain that each party will provide an opening statement in a room/virtual room where all parties and their attorneys are present. Following the completion of the opening statement, the parties may exchange some additional information to clarify facts while they are in the same room. At that point, the parties will be separated into individual rooms and the real work begins. From this point on, the mediator goes back and forth between the rooms as a neutral messenger to assist the parties in resolving their case. 
• Role of the Mediator: Explain to your client the role of the mediator. Advise them that the mediator’s function is to facilitate communication and help the parties explore their options. The mediator does not take sides or impose solutions, which allows both parties to express their needs and interests freely. The mediator may play devil’s advocate or draw on his or her professional experiences with the issues to help the client make decisions throughout the negotiations. Explain to the client that even though the mediator may be an attorney, they cannot give legal advice. You are their attorney. The mediator is there to assist the parties. The mediator does not take sides, the mediator’s goal is to get the case resolved. 
• Confidentiality: Let your client know that anything discussed in the mediation session is confidential and cannot be used against the client at any later proceeding or trial. No judge or jury will ever hear what the client was willing to settle for at mediation, or why. Explain that this confidentiality helps create a safe space for honest discussions.  
• Preparation of Issues: To make sure the client is fully on board and comfortable with any potential resolution, ask the client to prepare a list of key issues that are important to them and to prioritize their importance. Discuss with your client beforehand what are absolute deal breakers for the client, and what issues they may be willing to abandon. A mutual understanding between you and your client as to what you hope to achieve at mediation will go a long way to resolving the dispute.
• Realistic Goals: Encourage clients to set realistic goals for what they hope to achieve. Advise the client that if they want to get the case resolved, they are going to have to be flexible and engage in compromise. Neither side is going to get 100% of what they want. The most successful mediations are ones where everyone walks away with less than they wanted. This means that both sides came off their positions and compromised enough to reach a settlement.  
• Emotional Readiness: Discuss with your client that mediation can stir emotions, especially if the dispute is personal. Whether the issues involve personal injury, finances, and/or contracts, the feelings that surface when a person feels they are wronged can be intense and lingering. Encourage clients to prepare mentally and emotionally, and to approach the process with a mindset geared towards resolution rather than confrontation. Encourage them to allow the mediation process to help them work through the emotions so that, at the end of the conference, they are ready to find a resolution and put it all behind them. 
• Time Commitment: Mediation is a process. Discuss the potential length of the mediation sessions and let them know that it may take all day or more than one session for the parties to resolve their differences.  Point out that some issues may require extensive discussion and that the parties may just simply need a few minutes to process the offers/demands. It may take a moment for a party to figure out how they can get to a resolution. Advise your client to be patient and let the process play out. 
• Possible Outcomes: Prepare clients for various outcomes, including the possibility of no agreement. It is crucial they understand that mediation is not guaranteed to succeed and that it is important to have a backup plan or an understanding of the next steps if mediation fails.
• Legal Considerations: Discuss how any resolution reached at mediation will most likely be formalized into writing in the form of a release or a settlement agreement that is legally binding.  Make sure your client understands the implications of signing any agreements so that they are not surprised at the end, after having agreed to a resolution of the issues. Explain that it is important to adhere to the terms of the signed agreement. 

Effectively managing client expectations during mediation is crucial for achieving a successful outcome. By setting clear, realistic goals from the outset, attorneys can guide clients through the process, ensuring they understand the potential outcomes and the role of negotiation. It is important to address any misconceptions, explain the mediator’s neutral role, and foster open communication. Additionally, helping clients prepare mentally for compromise and emphasizing the collaborative nature of mediation can reduce frustration and increase the likelihood of a positive resolution. Ultimately, clear communication and a balanced approach empowers clients to engage productively and manage their expectations throughout the process.

By providing clear guidance, managing emotional reactions, and fostering realistic outlooks, an attorney helps the client engage meaningfully in the mediation process while minimizing disappointment or dissatisfaction.

Reprinted with permission from the May 12, 2025 edition of Daily Business Review © 2024 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.