Modern Mediation: The Person of Influence

Oftentimes, your client is answerable to someone besides themself. It might be a spouse, a board of directors, or a friend or relative who has been giving your client “free” advice and encouragement during the litigation process – someone I generically call a “Person of Influence.” Maybe this POI is a lawyer or has had their own litigation experience. 

Your client not only wants to negotiate a good deal for themself at mediation, but they also don’t want to disappoint their POI. This fear of disappointing one’s POI can be an obstacle to reaching a settlement. No one wants to hear “You did WHAT!?” when they return with a settlement.

That is why I like the POI to participate in the mediation, either in person or by frequent telephonic communications during the session. Including the POI in the mediation process can help the POI understand why certain compromises are being made, thereby eliminating surprises when the client returns to announce a settlement. More times than not, a POI will actually play a positive influence to encourage settlement because their judgment is not clouded by ego. When they become an advocate of settlement, the mediation is more likely to result in a settlement with a happy client who is free from the fear of being second-guessed.

Yes, you will need to work through issues of privilege and confidentiality. But these are usually managed effectively with some advanced consideration and planning. Talk to your client and the mediator prior to the mediation to discuss how to include your client’s POI.