Mediation Ha! This Case Will Never Settle!

Perhaps these are my favorite words to hear when someone schedules a mediation. Maybe that sounds strange, but it is true and here is why, because nearly every case settles. When someone tells me the case will never settle I see a challenge and everyone that knows me knows I like a challenge.

In my last case where this was said, the lawyers had tried to work out an agreement before scheduling mediation. Many times the lawyers work on preparing the case for trial rather than trying to see what agreements can be reached. In this case though the attorneys had talked numerous times trying to get a resolution. One of the attorneys specifically said that he thought there was no way this case would settle.

Well guess what, the case settled. Speaking with the parties directly enabled me to find out what was really important to them then we were able to craft a solution that could be beneficial to all. Some of these issues the lawyers said the parties would never agree on, yet they did. Others the lawyers had worked with the parties to create compromise. Then we introduced brand new ideas developed in mediation.

The best part of mediation is hearing from the parties directly. In mediation they are not worried about the litigation of the case but rather focused on telling me what they really want. They are not worried about divulging information to the other side because they know everything is confidential. This creates open communication and allows me to use the confidential information to help find the solution.

So feel free to present me with your “This Case Will Never Settle!”