According to certified family law mediator Diane L. Danois, the demeanor of clients can go a long way towards mediation success.  One of the biggest challenges of mediation, according to her, is that many clients confuse it with arbitration.  Although both are forms of alternative dispute resolution, they are not one and the same.  Attorneys who work with one or both on a regular basis might forget to make the distinction for clients and set up expectations.  Confusion about what happens in each type of ADR can lead to disappointments on the client’s behalf, so it’s critical to prepare them for what to expect. 

Mediators can also help set the tone and make it clear from the beginning how the process will work.  Some tips to keep clients on the same page and move the case forward positively include encouraging parties to articulate each dispute individually to ensure that everyone is on the same page, to make it clear that the goal of mediation is to resolve existing disputes and avoid entering or re-entering litigation. 

Clients should also be guided to look at the issues from their opponent’s perspective.  While litigation might encourage each party to battle with one another, mediation leads clients to work together in a civil manner.  Drawing attention to areas of agreement where both parties have come to a consensus is another way to point out the positives and avoid getting sidetracked with disagreements.  Parties should additionally be encouraged to be willing to make concessions in the name of peace.  Parties should be willing to choose their battles but also keep an open mind about where they can make sacrifices in order to achieve agreement.  Mediators play a significant role in setting the tone for mediation and guiding parties to agreement and keeping these tips in mind can be helpful even for experienced mediators.