I have a court mediation coming up. I am the Plantiff. Who does most of the talking? The lawyers or me?

Answer 1

If you have a lawyer, close your mouth and listen and watch. Answer only when spoken to.

Answer 2

It depends on the mediator.

When I do mediation, I only let the actual parties speak. If they want to consult with their attorneys, that's fine, as long as the attorneys don't disrupt the process.

The goal of mediation is to have the parties reach a resolution that is acceptable to both of them, a "win-win" solution. Too few attorneys are taught to think in those terms, and as a result, attorneys can sometimes interfere with the mediation process.

The process of mediation is to allow each party to express what is important to them, and to get past the emotional entrenchment that usually results from such a conflict. Once they can separate themselves (and the other party) from the issues, they can address the actual issues without getting wrapped up in the emotional turmoil again.

Then, by identifying the goals of each party, the mediator can help the parties craft a solution that addresses as many of both parties' goals as possible. A solution that both parties can live with. It doesn't always work. But that's the objective.

Once the agreement has been sketched out, that's when the lawyers become useful, to evaluate the agreement from their client's legal perspective before it is signed.

But as I said, each mediator has their own style. Court mediators sometimes defer more to the lawyers because of their shared legal background.

Either way, the mediator will lay out the rules at the start of the session, and you can always ask questions if you have any concerns. The mediator is there to help you reach a solution that you are comfortable with, not to tell you what to do.

Answer 3

The lawyers will do most of the talking, but he wants you to take the stand and testify, he should tell you so. He should go over the questions he plans to ask you. He should instruct you on your demeanor, to look or not to look at the jury or judge. He will probably coach you to do things like - don't volunteer any information. Try to answer your questions with a simple yes or no. If he thinks the court needs further information, he will ask you provide more detail.

He should tell you that questioning of you should be pleasant - but when you are cross-examined, don't expect the same type treatment. The other attorney will try to trip up your previous testimony - trying to shoot hole in what you said and try to chop away at your credibility.

Don't show any emotion and don't answer his questions in a rapid response. Think about what he asked and form your answer - then speak.Good luck - hope everything works out.

Answer 4

When I was in mediation it was about even. The mediator would ask a question and then he would let me answer then the other person. It was always in the same order and you couldn't interupt the other person.