A Mediator Is Not a Miracle Worker
Why successful mediation requires realistic expectations, meaningful participation and a willingness to compromise Mediation works.
As a mediator, I help parties and attorneys embroiled in intractable litigation conflicts find a path toward resolution. Participants often arrive at a mediation with extreme confidence about their litigation positions and profound mistrust about the intentions and motivations of their adversaries. As a result, they tend to begin the process with diametrically opposed settlement positions and deep skepticism about the prospects for settlement. But with hard work and patience, and the help of a skilled mediator, mediation often leads to settlement. And when it does, parties and lawyers commonly express to me their genuine surprise—sometimes sheer disbelief—that we managed to get a deal done.
Full article below:
Why successful mediation requires realistic expectations, meaningful participation and a willingness to compromise Mediation works.
As a mediator, I help parties and attorneys embroiled in intractable litigation conflicts find a path toward resolution. Participants often arrive at a mediation with extreme confidence about their litigation positions and profound mistrust about the intentions and motivations of their adversaries. As a result, they tend to begin the process with diametrically opposed settlement positions and deep skepticism about the prospects for settlement. But with hard work and patience, and the help of a skilled mediator, mediation often leads to settlement. And when it does, parties and lawyers commonly express to me their genuine surprise—sometimes sheer disbelief—that we managed to get a deal done.
Full article below:
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