Representing or counselling client as their lawyer in a mediation is Mediation Advocacy. Seems simple – but, it's easier said than done. Switching OFF the adversarial mode and switching ON the collaborative mode entails more than just an alteration in dress code and venue. Mediation advocacy involves a holistic approach, focusing on skills, knowledge and mental preparation, that is extremely different from the attitude a lawyer carries to the courtroom. To highlight this role of a lawyer in a mediation, CAMP Arbitration and Mediation Practice (CAMP) has curated a fireside chat series titled #WinThisTogether.
Click HERE to learn more about the speakers and sessions at Season 1 of #WinThisTogether.
Why #WinThisTogether?
The mediation movement is certainly gaining momentum in India. Businesses and firms are more aware and recognize the value of a collaborative approach to dispute resolution. We are seeing more entrepreneurs and senior management officials opting for mediation to resolves internal and external disputes. Judges at the Supreme Court and High Courts have begun actively referring cases to private mediation.
At the recently held India Singapore Mediation Summit, co-hosted by CAMP, Mediation Mantras and Singapore International Mediation Centre, Justice Ramana clearly expressed his belief that mediation is an important tool to dispute resolution, and that the future of dispute resolution belongs to mediation.
The fireside chat series organized in association with IDEX Legal is yet another attempt by CAMP to diffuse the message among the lawyer community that the lawyer has an important seat, and thus a crucial role at the mediation table.
A mediation lawyer is very often the difference between a successful and failed mediation. In this first season of #WinThisTogether, an experienced group of legal practitioners, who have represented their clients as counsel in mediation and strongly advocated for mediation, will share personal experiences and learnings, as they take the viewers through the journey of what is means to be a mediation-ready lawyer.
Below are the excerpts of the different sessions at the CAMP-IDEX fireside chat series.
Episode 1: Pitching Mediation to clients: The First Step to Successful Collaboration
Recommending mediation to resolve a dispute is the first big challenge a lawyer faces when guiding a client down a collaborative path. Emotions are at an all-time high, with the client wanting 'justice' and 'retribution'. When is the right time to mediate? How do you strategize? What are the words you use? Who could you call for assistance? Finally, why should you even consider it? Register HERE for the first episode of #WinThisTogether, premiering Aug 12, 6.30pm IST.
Episode 2: Prepping for Mediation: Beyond Research and Strategy
Lawyers preparing for a mediation session require a fundamentally different strategy as compared to their build-up to an adversarial hearing. This pre-mediation activity goes beyond research and drafting. It calls for mental and emotional preparation to deal with the ebb and flow of a facilitated negotiation. What are the key elements of good planning? What are the risks you run if you take it for granted? Register HERE for the second episode of #WinThisTogether, premiering Aug 26, 6.30pm IST
Episode 3: Navigating Deadlocks: Constructive Engagement with Counterparts
Clients lean on lawyers especially during the most tense moments in the dispute resolution process. A mediation lawyer understands the value of speaking objectively with the counterpart counsel in order to keep the door to dialogue always open. How does a mediation lawyer navigate hostile deadlocks without provoking the counterpart counsel? How does a mediation lawyer remain objective and yet, convince the client of loyalty and competence? Register HERE for the third episode of #WinThisTogether, premiering Sept 9, 6.30pm IST
Episode 4: Cold-feet Settlements: Counselling Clients during Decision-making
Mediation lawyers often play the role of coach/advisor to their clients in a mediation setting but spring into action during climatic moments of a mediation that lead to a settlement. Clients tend to second-guess and overthink the deals they are offering or accepting, leading to delays and u-turns. What is the importance of a mediation lawyer at this stage? How does a mediation lawyer handle cold-feet situations? Register HERE for the fourth episode of #WinThisTogether, premiering Sept 23, 6.30pm IST
Episode 5: A Collaborative Lawyer: Sustaining a Viable Mediation Advocacy Practice
It's time to address the elephant in the room, a.k.a 'the money in mediation'. Mediations often conclude in 20-25 hours and therefore, the misconception exists that mediation lawyers can only bill for as many hours. Besides financial sustainability, lawyers are also concerned about how their reputation as a 'strong lawyer' is impacted with a mediation practice.. To what extent is it possible to build a financially sustainable legal practice with ADR and is it possible to build a reputation in the market as a 'strong lawyer' with a mediation practice? Register HERE for the fifth episode of #WinThisTogether, premiering October 7, 6.30pm IST
Episode 6: Dispute-wise Contracts: Mediation Clauses as Safety Switches
It is widely understood and accepted that a mediation clause works as an effective safety switch. Despite this awareness, we feel there is an inorganic push required for corporates and businesses to embrace a well drafted multi-tiered dispute resolution clause and make their contracts dispute-wise. What are the challenges? How can we incentivise in-house legal teams to take this positive step? Register HERE for the sixth episode of #WinThisTogether, premiering October 21, 6.30pm IST
Aashna Reddy is a trained mediator and is currently positioned as a mediation associate at CAMP Arbitration and Mediation Practice, Bangalore.