Guess what? Mediators are people! So are judges. People have opinions. They have emotions, likes, dislikes and, yes, even biases! Big surprise! For mediators, one of the problems comes when we form an opinion about what a case SHOULD settle for. No harm in having an opinion. The danger comes if the mediator starts to care. Caring about what a case should settle for is not productive. Mediators must always remind themselves that they are not making any
decisions.
decisions.
It's not their case. It's not their job to care what number the parties agree on. It's the mediators job to try to help the parties understand the process, see the issues, and make an informed decision that is best for them and their clients. When mediators get invested in their numbers--DANGER! That's not our job.
Question, urge, lead, explain, advise, assist but do not let your own ego be a factor. Honestly, I can get as much satisfaction from a $20k settlement as a $20M settlement. And no, both sides do not have to feel unhappy for it to be a good settlement. More on that later.
Question, urge, lead, explain, advise, assist but do not let your own ego be a factor. Honestly, I can get as much satisfaction from a $20k settlement as a $20M settlement. And no, both sides do not have to feel unhappy for it to be a good settlement. More on that later.