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The Four-Way Meeting - page 2 |
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Written by Kathleen B. Vetrano, Esquire
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Page 2 of 4
The four-way meeting is an opportunity to evaluate the strength of a case; it allows a lawyer to: see the parties' positions, gauge the parties' effectiveness as witnesses, and assess the skill and style of the opposing lawyer. Many a litigator has learned the danger of focusing too much on his own side of a case and from attaching undue weight to his client's version of events. In short, the four-way meeting can be a sort of preview of what could happen in court.
The four-way meeting and mediation have the same purpose: resolution. However, it is not infrequent for well-intentioned parties to a mediation to have unintentionally waived certain rights or even failed to address certain issues altogether. In such instances, the purpose of the exercise is unfulfilled. A four-way meeting, on the other hand, is, like mediation, more relaxed and informal, but the meeting has the advantage of a lawyer's representation and participation in a situation that is always legal by nature.
Naturally, the success of the meeting depends on planning. Advance agreement on basic rules will allow the meeting to focus on substantive matters. These rules should include the lawyers' agreeing to maintain a degree of civility and control so that the meeting does not deteriorate and become ineffective. Each party should be able to talk with his lawyer in private. Also, it is advisable to agree on whether the duration of the meeting will be a certain period or whether it will run until the parties reach an agreement--whether on one or more issues. In the latter situation, the parties and the lawyers need to address, in advance, conflicting appointments and arrangements for meals.
The meeting should take place where the clients are comfortable. If, for example, either party regards the opposing lawyer's office too much as "enemy territory," a more neutral site may be called for. Further, the chosen facilities should accommodate the meeting's needs, such as the private sessions that may be necessary between a lawyer and her client.
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