Taking a matter to mediation on behalf of a client often requires substantial planning and preparation. In many jurisdictions, courts may order parties to go to mediation in an effort to reduce congestion on the docket or to try to make parties come together in hopes that they can resolve their differences.

Because the act of mediation often requires the parties to proceed in good faith in an effort to discuss their differences or reach settlement, questions can arise regarding what the duty of good faith requires of litigants and their lawyers. How can lawyers help ensure a productive mediation to their client’s benefit, even if it does not ultimately settle?