In-house counsel who supervise litigation are all too often relegated to watching their outside counsel from the gallery. Court motions, oral arguments or even trials are usually the domain of the “hired gun” outside lawyer. But mediation is different. During mediation, in-house counsel can be the key player whom the mediator and opposing counsel will look to as the decision-maker, naturally a welcome change from watching from the sidelines.
This central position that in-house counsel play at mediation requires preparation in several ways: