Editor's Note: This article represents the first in a two-part series about effective mediation advocacy. A. Michelle Jernigan and Bruce A. Blitman, who are both certified and experienced mediators in the state of Florida, have authored both installments.
As advocates for their clients, attorneys must pay as close attention to every detail pertaining to the mediation process as they would to each element of trial preparation. Other parties closely observe everything that attorneys and their clients do—or fail to do—during mediation, meaning that everything counts.
For many years, disputing parties had their cases adjudicated through the civilized warfare of trials; however, over the last 25 years, lawyers have spent considerably less time in the courtroom and much more time in the conference room.1 This reduction in courtroom time has helped attorneys to reduce their clients’ transaction costs, maximize net returns, and minimize risk and potential exposure by settling disputes at mediation.
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