What Can Mediation Do For My Case?

Can we agree that the ultimate goal of mediation is to reach a settlement agreement?  Trust me, as the parties are shaking on a negotiated agreement, the happiest person in the room is the mediator.  Many of us keep track of our “wins” like a pitcher records strikeouts.

While the best result is a final disposition of all matters in dispute, mediation offers other possibilities as well.  A successful result can take different forms: resolution of the whole case, agreement on key aspects of the case, or substantial progress that leads to timely settlement following mediation. In a case that appears to destined to go to trial, you may find value in the process even if it results in less than an agreement to settle all claims.

There are seemingly intractable cases that, for one reason or several, might appear to be poor candidates for settlement. Say the attorneys—and/or the litigants themselves — have a particularly acrimonious relationship. Or perhaps each side views the matter as an “all or nothing” proposition and refuses to give an inch. Maybe the parties view mediation as too expensive or one side or the other simply wants his “day in court.”  Your client may be having a hard time accepting the limitations of her claim and needs to hear someone else affirm your evaluation.  I take the position that these cases may be the ones that could potentially benefit the most from a neutral’s facilitation at mediation.   In my upcoming series on this topic, I’ll explore how mediation can be the catalyst for overcoming these and other potential obstacles to settlement.

Stay tuned for my next post:  The Simplest, Fastest Route to Resolution