Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

Behold, I will send my messenger,
and he shall prepare the way before me.
Malachi, 3:1

I was especially struck by the above quote, because it seemed to apply to what I have seen in too many mediation proceedings. And, no, I certainly am not elevating the status of attorneys to the "messenger" referred to in the good Book. The promise and command, however, are appropriate.

Yes, I have preached this sermon before, but I do not mind taking the pulpit again, if only to drive the message home.

It is not simply the attorney’s professional pride at stake when he or she comes to mediation unprepared. There is another participant whose presence is not exactly incidental to the process. Remember the client? The client is the one for whom the attorney prepares the way.

What runs through the client’s mind, when his, her or its attorney stumbles and stutters through a mediation proceeding? Or apologizes for bringing the wrong file? (Oh, yes, it happens.) Or explains that "another attorney normally handles this file and is more familiar with it"?

Such attorney or the firm has many files and may enjoy the luxury of being able to waste or at least be cavalier about one. The client has only one file, and nothing is more important to the client at that moment in life.

So, counselor, beware. Take your client’s case lightly at your peril, and the perilous consequences can be many.

Mediation offers a golden opportunity to demonstrate your legal—and personal—skills to your client, as well as to others present at the proceeding. Settle or not, that is a matter between you and your client. But do not waste the best opportunity you will have, either to settle or to lay the groundwork to do so after mediation and before trial.

In a settlement, the expense, delay, stress and uncertainty of a trial are avoided. If those aspects of litigation are properly explained to your client, you will have a happy client, one impressed with your professional skills and one likely to see you again in the future or to send his friends and relatives to you.

Messenger, prepare the way!

--and, by the way, have the happiest of Holidays!

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