Lawyers and clients live in “parallel worlds of understanding” of legal disputes.As Professor Lande points out this disconnect is ironic because the research is focused on mediation, which is the only place where a legal action might result in a party obtaining this kind of non-monetary remedy. The distinctions between party and counsel are better explained by the article and is well worth your time. Hopefully it does not need to be said that lawyers need to understand all of their client’s goals not focus solely on the relief we might be able to win at trial. Helping parties and their counsel understand the perspective of the other side is an important role of mediation. Some times it is just as important to help lawyers understand their own client’s perspective and vice versa.
Although negotiators must display confidence — real or feigned — arrogance is counterproductive. Learn why in this article.