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Beware the unsophisticated client! I ran into an attorney who represented one of the parties to a mediation I handled some time ago. The other side was pro se. In my opinion this attorney did an excellent job. To my surprise he told me he was dealing with a Bar Complaint! His client asserted that the attorney had not pushed the pro se party hard enough.
Prepare your client! That preparation will be completely different for the experienced client who has had many mediations than for the client who is participating in his or her first. Explain the process, what can be done and what can’t. Be especially clear that no one can be forced to settle. Reality is a must! |