Filling out the evaluation

You’ve mediated a long and difficult case that just can’t find common ground. The case must be sent back to the judge. The clients are edgy and in a hurry to leave. You might even feel guilty about not getting an agreement. Sitting in front of you is the dread, two page Client Evaluation. How can we ask these impatient clients to fill out yet another form? What works for me is, before I leave the mediation room to make copies and notify the court, without missing a beat, to place the evaluation in front of the clients and say “the Supreme Court requires that all parties in mediation complete this evaluation. I hate to give you more paperwork, but this will be carefully read by the Supreme Court and acted on if there are any problems reported”. I then quickly explain how to complete the form, then leave. If someone asks, “do I have too”, I reply “yes” without hesitating. The key is to remember that filling out the evaluation is the necessary next step to the client’s seeing the judge and not an option. Smile, it’s only paperwork. Good luck.

Ken Ferebee