Because all cases differ from one another, mediation can provide great flexibility that can be used by practitioners to take full advantage of opportunities that might present themselves. However, mediation can also present challenges because lawyers must size up the individual case without a standard playbook that lays things out in a step-by-step process.

Still, certain fundamental principles hold true in all cases: preparation is tantamount and the right temperament and attitude is critical.

These were among the points of discussion during "Mediation's Seven Deadly Sins – Avoiding the Seven Sure-Fire Ways to Torpedo Your Mediation, Upset Your Client and Enrich the Other Side" presented Friday during the ABA Annual Meeting.

Panelists included Joel Davidson of Orangeburg, New York; Deborah Masucci of New York; and Rebecca Ruppert McMahon of Cleveland. Roger Deitz of New York served as moderator of the program sponsored by the Section of Dispute Resolution.

Deitz asked how the lawyers on the panel feet about having their clients speak during the mediation. Davidson said he is "fine with it. If a client is out of control and doesn't come across rationally during mediation, I know that in advance of trial, should the case reach that point."

McMahon noted that she, too, likes the client to speak but to be cautious – not every mediation is the same.

James Silkenat, partner in the New York office of Arent Fox, gave a large firm perspective on working with solos and small practitioners. "Both large and small firms have the same goal – happy clients who will be a source of future business. It's important for all of us to look for ways to serve our clients."

The panelists also voiced their preference on opening statements, making position statements confidential versus sharing them with their opponent, as well as mediation enforcement. Some of the predilections were based on whether mediation was the length of time the case had been pending, e.g., how well the opponents knew each other and their positions.