Despite a continuing plea for civility from pretty much every professional quarter, many parties come to mediation with a Rambo mentality. Keeping certain ethical guideposts in mind is a better way to efficiently settle.

Teddy Snyder

Honesty

California lawyers are bound by the Rules of Professional Conduct. That includes Rule 4.1, which mandates truthfulness in statements to others: “In the course of representing a client, a lawyer shall not knowingly make a false statement of material fact or law to a third person.”

No person engaged in negotiation, whether or not they are a lawyer, should knowingly lie to the others in the negotiation.

Dignity and respect

Every participant is entitled to be treated with respect, even if you think his position is outlandish. The dispute is in this posture because of the potential for an adverse result. The best choice is to try to see the opposing party’s point of view.

Screaming, throwing files and papers or walking out the door insults the others involved in the process. Personal attacks and inflammatory language are always counterproductive. This behavior demeans the actor more than it does those against whom it is directed.

Courtesy is an important negotiation tool.

Take responsibility and give credit when it’s due

What actions or omissions led to the current state of affairs? If someone acted inappropriately or even simply failed to mitigate when she could have, recognize how that impacts the value of the case and adjust your negotiating stance appropriately. A carefully worded apology can do wonders for facilitating resolution. Sometimes, a promise to avoid a recurrence can be part of a settlement agreement. One of the benefits of mediation is that all communications made solely within the mediation are statutorily confidential and cannot be introduced as evidence.

Don’t make things more difficult

The best way to get to settlement is to clear the path. Don’t bring in frivolous or unrelated issues. Don’t drag out proceedings just to create delay; neither clients nor judges like that outdated defense technique. Observe applicable laws and norms. Play by the rules.

Work hard

Thoroughly prepare your case while remaining cost-efficient. Make successive settlement outreaches.

Fully inform your client or insured of important developments. Communicate on a regular schedule even when it seems like nothing has happened, rather than leave others wondering about status.

Talk to the mediator in advance to educate her about your view of the facts, the law and the parties’ personalities. Engage fully in the mediation process. Even cases that do not settle in mediation often do settle shortly thereafter through the parties’ commitment to the process.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.