Phillip McCallum
MEDIATOR AND ARBITRATOR

The Real State of the Litigation Backlog in the Southeast

Habits that consistently lead to resolution By Phillip McCallum | Schreiber ADR Neutral After years in the courtroom and now at the mediation table, I’ve had the opportunity to work with hundreds of trial lawyers across a wide range of cases. Some are good. Some are very good. And a small group consistently stands out. What separates great trial lawyers in mediation isn’t just their knowledge of the law or their courtroom skill. It’s how they approach the process itself —with discipline, preparation, and a clear understanding of what mediation is designed to accomplish. Mediation is not trial. And the lawyers who recognize that tend to achieve better outcomes for their clients. They Prepare for Resolution, Not Just Argument Most lawyers come to mediation prepared to explain why they should win. Great trial lawyers come prepared to resolve the case. That means they’ve already: Evaluated realistic ranges of outcomes Identified risks in their own case Thought through potential settlement structures Prepared their client for negotiation—not just advocacy They understand that success in mediation is not about proving a point. It’s about finding a path forward. They Know Their Case—and Its Weaknesses Every case has vulnerabilities. Great lawyers don’t avoid them—they anticipate them. They’ve asked themselves: What is the other side’s strongest argument? What facts are not in our favor? How will a jury perceive this issue? Because they’ve done that work in advance, they’re not caught off guard during mediation. Instead, they’re able to respond thoughtfully and adjust strategy as needed. That level of self-awareness builds credibility—not only with the mediator, but often with the other side. They Prepare Their Clients for the Process One of the clearest differences I see is client preparation. Great trial lawyers take the time to explain: How mediation actually works Why movement happens gradually Why initial offers are rarely final offers What compromise looks like in practice Clients who are prepared for the reality of mediation are far more likely to stay engaged in the process—and far less likely to become frustrated when negotiations take time. They Use the Mediator as a Resource Inexperienced advocates sometimes view the mediator as a messenger. Great trial lawyers understand that a good mediator is a strategic asset . They: Share key concerns and sensitivities in advance Use the mediator to test arguments privately Allow the mediator to help reframe positions Trust the process enough to let it work When lawyers collaborate with the mediator, rather than working around them, the process becomes more efficient and productive. They Manage the Tone of the Negotiation Mediation is as much about tone as it is about substance. Great lawyers understand that: Respect builds momentum Posturing slows progress Credibility matters more than volume They advocate strongly for their clients without creating unnecessary friction. They know when to push—and when to pause. That balance is often what keeps negotiations moving. Final Thought The lawyers who consistently achieve results in mediation aren’t just strong advocates. They are strategic thinkers who understand that mediation is a different kind of problem-solving—one that requires preparation, judgment, and perspective. At the end of the day, great trial lawyers don’t just try cases well. They resolve them well. If you’re preparing for an upcoming mediation and want to talk strategy, I’m always happy to help.