Preparing Business Clients for Mediation: A Neutral’s Perspective
Colleen Byers • June 1, 2026

Commercial mediation is often less about persuading the opposing party and more about preparing one’s own client to make informed decisions under uncertainty. From a mediator’s perspective, preparation is a primary determinant of whether mediation is productive.



This post is written for North Carolina commercial litigators and offers a neutral view of how business clients can be best prepared for mediation—both substantively and procedurally.

Preparation Is About Decision-Making, Not Just Advocacy

Lawyers understandably focus on presenting their client’s position clearly and persuasively. In mediation, however, preparation must also account for the client’s role as decision-maker.


Effective preparation ensures that business clients:

  • Understand the purpose of mediation
  • Appreciate the range of possible outcomes
  • Are ready to make decisions without complete certainty


Clients who arrive expecting vindication or a summary judgment-style ruling often struggle to engage productively with the process.

Clarifying Authority Before the Mediation

Authority issues are a frequent impediment in commercial mediations. From the mediator’s perspective, unresolved authority questions can significantly limit progress.


Counsel should consider in advance: 


  • Who has settlement authority
  • Whether additional approvals are required
  • How authority limits will be communicated during mediation


When authority constraints exist, transparency allows the mediation to be structured realistically rather than optimistically.

Aligning Expectations Around Risk

Business clients often view litigation risk differently than their lawyers. Some are highly risk-tolerant; others are deeply risk-averse. Neither posture is inherently wrong, but misalignment can complicate mediation.


Mediators focus on helping clients:


  • Distinguish between legal strength and litigation risk
  • Understand timing, cost, and uncertainty
  • Evaluate settlement options in context


Clients who have discussed these issues in advance are better positioned to engage meaningfully in mediation.

Preparing Clients for the Mediation Process Itself

Many business clients have limited exposure to mediation. Preparing them for the structure of the day can reduce frustration and improve engagement.


Helpful preparation includes explaining: 


  • The role of caucusing
  • Why information may be shared selectively
  • That progress is often incremental rather than immediate


Understanding the process helps clients remain patient and open during negotiations.

Managing Emotional and Reputational Concerns

Even sophisticated business disputes can carry emotional or reputational weight. Clients may feel personally invested in outcomes that appear, on the surface, purely financial.


Mediators often address:


  • Perceived slights or breaches of trust
  • Concerns about precedent or signaling weakness
  • Anxiety about internal or external perception


Preparing clients to acknowledge—without amplifying—these concerns can make mediation more effective.

The Lawyer’s Role During Mediation

From a neutral’s perspective, the most effective counsel:


  • Maintain credibility while advocating firmly
  • Help clients process information as it emerges
  • Support decision-making rather than control it


Mediation works best when counsel and mediator operate as complementary resources for the client.

Final Thoughts

Preparing business clients for mediation requires more than legal analysis. It involves helping decision-makers understand risk, authority, process, and uncertainty.


For North Carolina commercial litigators, investing time in this preparation often determines whether mediation serves as a meaningful opportunity for resolution or simply another procedural step.

Amendments to the North Carolina Mediation Rules Effective January 6, 2025

By Colleen Byers • January 8, 2025
What Attorneys and Mediators Need to Know On December 11, 2024, the North Carolina Supreme Court approved a series of important amendments to the Mediation Rules and Standards of Professional Conduct for Mediators. Effective on January 6, 2025, these changes impact key aspects of mediation practice in North Carolina.  Below is a summary of some (although not all) of the recent amendments to the Standards of Professional Conduct for Mediators, and the Mediation Rules governing settlement procedures in Superior Court, Family Financial, and Clerk of Court matters. For comprehensive redlines to each rule set, visit https://www.nccourts.gov/news/tag/general-news/supreme-court-amends-mediation-rule-sets Superior Court Mediation Amendments New Mediator Designation Forms See Rule 2(a) & (b) There are now two separate forms for mediator assignment, depending on whether the mediator is party selected or court appointed. One form entitled Designation of Mediator By Agreement of Parties in Superior Court Action and Order of Appointment (AOC-CV-812) is for parties to designate a mediator of their choice, while the other form entitled Appointment of Mediator by Court Order in Superior Court Civil Action (AOC-CV-840) is for requesting a court-appointed mediator or for court staff to file a mediator appointment where the parties have been unable to agree on the selection of a particular mediator. It is important to note that in order for any of the parties to designate a mediator of their choice, all parties, including but not limited to unrepresented parties, must agree to designate said mediator. If all parties have not expressed agreement to designate a particular mediator, then the parties and/or their counsel must use AOC-CV-840 to ask the court to select a mediator. Attorney Signatures Removed from Mediated Settlement Agreement See Rule 4(c) & Rule 10(c)(9)(b) The requirement for attorneys to sign the final settlement agreement, alongside their clients, has been removed. Updates to the form Mediated Settlement Agreement (AOC-DRC-15 and AOC-DRC-16) are anticipated so be sure to use the most up to date forms in your mediations. Party Designee Signature See Rule 4(c)(4) A clarification was made regarding the ability of a designee to sign on a party's behalf if the party does not attend the conference in person . A designee may sign the agreement on behalf of a party only if the party does not attend the mediated settlement conference in person and the party provides the mediator with a written verification that the designee is authorized to sign the agreement on the party’s behalf. The Dispute Resolution Commission’s Advisory Opinion AO 42 provides mediators with further guidance when a designee wishes to sign for a party who does not attend the mediation in person. Substitution of Mediator See Rule 7(c) The form used to request mediator substitution by mutual consent of all parties has now been linked directly to Rule 7(c) (AOC-CV-836). This makes the substitution process more efficient and standardized. Family Financial Mediation Amendments New Mediator Designation Forms See Rule 2(a) & (b) Just like the Superior Court Civil Actions, the process for assigning mediators in family financial cases has been updated with two new forms. One form (AOC-CV-825) allows for party-selected mediators, and the other (AOC-CV-841) is used to request a court-appointed mediator. Substitution of Mediator See Rule 7(c) The same update regarding mediator substitution applies here as in the other rules, with the relevant form (AOC-CV-836) linked directly to this rule. Clerk of Court Mediation Amendments New Mediator Designation Forms See Rule 2(a) & (b) Similarly to the other updates, the process for assigning mediators in matters before the Clerk of Superior Court has been divided into two forms. One form (AOC-G-302) is used for party-selected mediators, while the other (AOC-G-314) is used to request court-appointed mediators. Attorney Signature Removal See Rule 4(b) As in the other rules, the requirement for attorneys to sign the final agreement with their client has been removed from Rule 4(b). Mediator Confidentiality Amendment Exception to Confidentiality See Standard 3(d)(2) This amendment creates an important exception to the general rule of confidentiality in mediation. Specifically, it allows a mediator to testify, give an affidavit, or tender an agreement if required not only by a statute (as previously excepted) but now also by a mediation rule promulgated by a state or federal agency. The change clarifies that a mediation rule also serves as the basis under which a mediator may be compelled to breach confidentiality. Summary: What You Need to Do As of January 6, 2025, the new and updated forms should be available for use at www.nccourts.gov, and it is important to ensure your practice aligns with these amendments. The most notable changes include the following: Two different mediator designation forms, Attorneys do not need to sign the settlement agreement, and Revised mediator substitution form.

Managing Emotional Clients

By Colleen Byers • February 6, 2024
Managing Emotional Clients Colleen L. Byers collaborated with fellow neuroscience geek and mediator, Chris Osborn, to deliver this month’s Expert Continuing Legal Education (CLE) Series sponsored by the North Carolina Bar Association. Colleen co-presented about the impact of trauma on clients in the legal system and shared some practical tools for managing difficult emotions within ourselves (as lawyers or as mediators) as well as with our clients. View the CLE, which includes 1 hour of Mental Health/Substance Abuse credit in North Carolina here .