07/15/2026
WHEN THE HARDEST PERSON TO NEGOTIATE WITH IS YOUR OWN CLIENT.
Every attorney has encountered that challenging case. The evidence may point in one direction, the risks may suggest another, yet the client's expectations can be entirely different.
You have explained the exposure, discussed the cost of trial, and analyzed the weaknesses, but the client still isn't understanding.
This is where collaborative mediation can transform the conversation. At Kanter Ostler Mediation, Elliott Kanter and Leticia Ostler recognize that the mediator's role often extends beyond merely conveying numbers between rooms. It involves bridging the gap between legal reality and client expectations.
We collaborate with counsel, not against them, to facilitate difficult conversations. Sometimes, a client needs to hear the risks from a neutral party. Other times, they need to feel acknowledged before they can truly listen to their attorney. The issue at hand may not always be the settlement figure; it could stem from fear, anger, distrust, or an expectation that was never properly recalibrated.
Our collaborative approach enables the attorney and mediator to identify the true barriers, address them strategically, and refocus the conversation on the dispute itself. A challenging client does not always indicate that a case cannot settle; it may simply mean that the attorney requires another experienced voice in the room.