Managing Outside Counsel During Mediation

Managing Outside Counsel During Mediation

According to an article by Karl Bayer, JAMS Mediator, arbitrator, and special master, achieving optimal results in mediation requires more than hiring skilled professionals. For in-house counsel, managing outside counsel and mediators effectively is essential to securing favorable outcomes in complex legal disputes.

Bayer says that by focusing on key strategies—including clearly defining roles and expectations, fostering open communication, leveraging mediator expertise early in the process, developing comprehensive case strategies, and conducting thorough post-mediation debriefs—companies can significantly enhance the effectiveness of their dispute resolution efforts and maximize the value of their professional relationships.

Bayer suggests the first key step is clearly defining roles and expectations. By establishing clear guidelines, including key performance indicators, reporting requirements, budget constraints, and decision-making authority, in-house counsel can prevent misunderstandings and ensure alignment toward common goals. Regular check-ins help maintain focus and accountability.

Open communication is also crucial. In-house counsel should facilitate regular meetings with outside counsel, establish secure platforms for document sharing, and encourage direct communication between outside counsel and company stakeholders. Effective communication helps reduce miscommunication and keeps all parties informed.

Engaging the mediator early in the process offers distinct advantages. Involving mediators in case assessments, facilitating information exchanges, and exploring creative settlement options can streamline negotiations and potentially lead to earlier resolutions. Mediators can also help address emotional barriers, improving the chances of a successful outcome.

A comprehensive case strategy is essential. In-house counsel should align legal strategies with broader business objectives by conducting risk assessments, setting clear objectives, and planning contingencies. This ensures the legal approach supports the company’s overall goals.

Finally, post-mediation debriefs provide valuable opportunities for improvement. By reviewing outcomes, strategy effectiveness, team performance, and mediator suitability, in-house counsel can refine their approach and continuously improve the effectiveness of future mediation efforts.