As attorneys know, clients often become very emotional as a case progresses. Such emotion may hinder their ability to objectively view the case and understand when it may be time to settle. These clients can benefit tremendously from attending mediation, but many clients are concerned that doing so will be seen as weakness.
But there are several benefits of mediation that you can explain to your clients that may help them warm up to the idea. First, explain that they do not have to settle to any term that they do not fully agree with. While it is important to explain the significance of compromising in the interest of settlement, be sure that the client knows that the terms of any settlement must be fully agreed to by them. This often eases the minds of most clients.
Additionally, explain to your clients that they may be able to avoid the stressful, expensive experience of a trial if they have a successful mediation. And explain that mediation keeps the fate of the case in the hands of the client, instead of in those of a jury or judge, who might issue a verdict that the client hates.
For clients who prefer that the legal dispute remains private, explain that mediation guarantees confidentiality. This is especially useful in cases that deal with sensitive issues, such as sexual harassment.
After explaining these benefits of mediation to your clients, they will probably be more open to mediating their dispute and exploring ways to settle the case.