Looking back at the hundreds of mediations in which I’ve participated, first as advocate and now as mediator, I can only think of a handful that may not have been worth the time and expense invested. That’s not to suggest that nearly every mediation resulted in a global settlement before the parties went home for the day. Rather, it is to suggest that even those mediations that did not result in resolution provided invaluable information which enabled the parties to make intelligent decisions about strategy and risk.
In some instances, the progress made during mediation paved the way for resolution down the road. In some instances, the information gathered during mediation helped clarify the issues in dispute, enabling the parties to focus their attention solely on the further discovery and investigation that were truly necessary. In some instances, mediation allowed certain parties to later carve out a piecemeal settlement. And in some instances, mediation made clear that going to trial was the only viable alternative because the other side’s position was so unreasonable as to make incurring the cost and risk of trial an easy choice to make.
Those who approach mediation with only one mindset – that anything less than resolution means the mediation was a failure – often overlook the value inherent in the process itself. And those who pack up their belongings and leave at the first sign of possible impasse often squander an invaluable opportunity to learn as much as possible about the opposing party and opposing counsel.
If you approach mediation believing that the process itself has intrinsic value – settlement or no settlement – you often increase the odds of resolving the dispute, if not that day then perhaps another.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal
fjs@fjsmediation.com