I have just finished doing a mediation session for lawyers for MBL Seminars in London at the Chartered Institute of Arbitrators.
As I often do in this session, we had a role play where one person acts as mediator and we see how the lawyers will get to grips with the scenario.
What was quite revealing is how counter-intutive the mediation process is to the lawyers namely the best approach to take is to be open with the mediator but obviously making it quite clear what you would and what you would not disclose to the other side.
The inclination of the lawyers due to training and experience is to be careful with information and be wary of disclosure. As one lawyer said to me yesterday information is king.
Why be open with the mediator?
Because there may be story to tell which will be of interest to the mediator, which can cut through all the legal issues and can lead to some form of re-orienation.
Some lawyers do not open up and act as a brick wall. It is ill serving and tends to hurt the party they are representing.