Mediation is a form of alternative dispute resolution which gives the parties the opportunity to enter into without prejudice, privileged negotiations with the intention of settling their dispute outside of court. For a more in-depth explanation of what a mediation is and its benefits, please see William Coon’s article here.
Most contentious teams at the firm will engage in mediation when it is appropriate and in the client’s best interests to do so. Therefore, depending on the cases at the time, you may be asked to go along to a mediation at some point during your training contract.
I have been lucky enough to have attended two mediations so far in my training contract. The aim of this trainee blog is to provide some top tips for attending a mediation as a trainee as well as some general guidance as to what to expect before, during and after the mediation so that you can get the most out of the experience.
Before mediation
As soon as you know that you will be attending a mediation, it is important to find out as much information about the day as possible. For instance, will it be virtual or in person?
In person mediations tend to be held in the most convenient place for the parties. As a firm with national clients, this may, therefore, involve travelling around the country.
Both of the mediations that I have attended have been in person, but mediations are sometimes (and increasingly frequently) held virtually.
Find out who will be in attendance from both sides, including whether counsel has been appointed.
In the run up to mediations, there will be a lot of preparation work. You should manage your workload and prioritise so that you can assist the team to become best prepared for attending the mediation.
Work in the run up to mediation may include:
My top tips for mediation preparation:
During the day
The day itself may involve travelling, so make sure you leave plenty of time to arrive.
During a mediation, a trainee will usually observe, take an attendance note and assist with any manner of tasks that arise during the day.
My top tips during a mediation are:
After the mediation
The work involved after a mediation will depend on the overall outcome of the day. If a matter settles it is always the aim to have a settlement agreement signed before leaving mediation. If, however, an agreement is not finalised and signed, this will take priority over the following few days.
Alternatively, if the mediation is ‘unsuccessful’, there may be followed up discussions with the client, and consideration may be given to a without prejudice offer letter being drafted.
I would advise that as well as being well prepared, it is equally important to be flexible and adaptive following a mediation. As an example, after a mediation that did not result in settlement, you might need to react very swiftly to issue a claim, due to an approaching limitation period.
Overall, attending mediations is certainly a test of your organisation skills and stamina. They are also fantastic opportunities to learn about strategy and negotiation tips from senior lawyers, partners and counsel and to make true connections with clients.
To find out more about other exciting opportunities available to you during a training contract at Michelmores, read more on our Trainee Blog.