The published guidance on Butts in Seats runs from too-general marketing summaries to too-specific technical papers, with very little in between. This piece aims for the middle: enough specificity to be useful, enough breadth to be applicable.
Intended for mediators comparing their current approach to Butts in Seats with what experienced practitioners in the area actually do.
The mediator handling Butts in Seats-heavy matters needs to know when to pause negotiations and recommend specialist consultation. Some Butts in Seats questions exceed what can be productively negotiated without independent expert input; mediators who push past those limits produce agreements that don’t hold up under later scrutiny.
The intake conversation
Document the intake. Either contemporaneous notes you keep in the file or a follow-up summary email to the client. Butts in Seats engagements involve enough small decisions across long timelines that working from memory six months in produces errors.
A useful intake habit: ask the client to articulate, in their own words, what they’re hoping the engagement will produce. The answer reveals where the client’s expectations align with what Butts in Seats engagements actually deliver and where they don’t. Closing the gap before the engagement starts saves significant friction during the matter.
What happens in the middle phase
Communication discipline during the middle phase prevents most of the problems that show up at the deliverable. Practitioners who send the client weekly or biweekly written updates — even short ones — maintain trust and surface issues early. Practitioners who go silent during the analytical work leave the client to imagine what might be happening, which is rarely productive.
The middle phase of a Butts in Seats engagement is mostly about data gathering, analysis, and coordination. The data gathering involves requesting documents from the client and (often) from third parties through subpoenas or formal requests. The analysis involves working through what the documents reveal. The coordination involves keeping the attorney and other co-professionals informed.
Producing the work product
Most Butts in Seats deliverables follow a consistent format that practitioners refine over multiple matters. An executive summary at the top. Background and scope. Methodology. Findings. Conclusions and recommendations. Appendices with supporting documentation. Practitioners who maintain a template they refine engagement by engagement produce stronger deliverables faster than those who reinvent the format each time.
Review the deliverable with a peer before it goes out, especially in your first dozen Butts in Seats matters. A senior practitioner or a peer who has done similar work will catch things you didn’t notice — both substantive issues in the analysis and presentation issues that affect how the deliverable lands.
When the standard doesn’t apply
Matters with unsophisticated clients require more explanation, slower pacing, and more deliverable walk-through time than matters with sophisticated clients. Practitioners who run the same engagement structure regardless of client sophistication produce uneven outcomes; calibrating to the client is part of professional judgment. For deeper reference, see ABA Family Law Section resources.
Butts in Seats engagements vary along a few predictable dimensions: client sophistication (institutional client vs. unsophisticated individual), case complexity (single straightforward question vs. multiple intertwined issues), opposing-side cooperation (cooperative vs. adversarial), and timeline pressure (negotiated timeline vs. court-imposed deadlines). Each dimension affects how the standard engagement pattern needs to adjust.
None of this is shortcut work. The practitioners who own Butts in Seats in their markets earned their position the slow way — consistent attendance at the same conferences, careful case work compounding over years, relationships built deliberately.
How VennBoard fits in
Practitioners who handle Butts in Seats repeatedly find that the back-office infrastructure is the difference between a practice that scales and one that absorbs the practitioner. VennBoard provides the structured workspace that lets you focus on the substantive work — the part that actually compounds.
If you’re a mediator building a focus on Butts in Seats and looking for the operational backbone, visit VennBoard.com to see how it fits into your practice.