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: CKA Mediation and Arbitration Services Blog

How to Help Your Clients During Challenging Times.

By Christopher Annunziata

As a seasoned litigator, you understand that litigation filings actually increase in trying economic times. Businesses seeking to protect the bottom line file lawsuits against non-paying customers, IP infringers, and employees who violate restrictive covenants.  Home sellers sue to enforce sales contracts.  Divorces increase because of the stress of financial difficulties.

At the same time, however, your clients (and potential litigants) are looking for ways to cut expenses.  Somewhere in the back (or maybe the front) of the client’s mind is the thought that litigation is costing them more than the case is worth.  It becomes more challenging for you to show that you are providing value.

That is why mediation should become an important aspect of any successful litigator?s practice.  Your clients will thank you when you suggest mediation because:

1.  Clients Feel Involved.

Clients are used to the attorney calling the shots.  During mediation, the clients get involved.  They tell their story.  They are asked their opinion.  They present ideas, suggestions, alternatives.  When clients mediate, they feel involved.

2.  Clients Understand Plain Talk.

While it seems familiar to us lawyers, the legal process is daunting and unfamiliar to most law people.  But mediation is plain talk, and everyone understands plain talk.  When clients mediate, they will understand the result and how they got there.

3.  Clients Save Money.

One study by the Justice Department showed that U.S. Attorneys who mediated their cases saved 89 hours in attorney and paralegal time and over $10,000 in direct costs compared to taking the matter to trial.  When clients mediate, they appreciate the fact that you actually saved them money.

4.  Clients See the Value in Your Services.

You work hard preparing a case, but most of what you do takes place in a ?black box? the client never sees.  Mediation allows you the opportunity to open up the black box and demonstrate all that you actually do for the client and the value of all that hard work.  When clients mediate, they see value.

5.  Mediation works.

Finally, mediation works.  When clients mediate, you are giving them the best opportunity to reach a successful resolution.

Full post as published by CKA Mediation and Arbitration Services Blog on October 21, 2008 (boomark / email).