Inns of Court Team Three: ADR, cooling the fires of litigation

By Frank Weir

Attorneys Michael Manchester and Thomas Darnton were participants in the Inns of Court team three presentation recently which dealt with alternative dispute resolution. As a seasoned mediator, Darnton acted out how he approaches a mediation explaining that he prefers "directive mediation" in which he not only listens and helps create an atmosphere in which each side can talk to the other, but "I actually work with each lawyer to explain to their clients the weaknesses of each side and the advantages to each in settling the case."

Some of the issues the program addressed were: Can a client refuse to participate in mediation? Is mediation still valuable if a client is ordered by the court to participate? What documentation should be provided to the mediator? Should an apology or acknowledgment of injury be offered during mediation? How best to prepare clients prior to mediation?

Published: Mon, Dec 26, 2011