Today I represented a client at mediation. The mediation did not result in a negotiated agreement that resolved the case. The mediator did a fine job. So why didn’t the case get resolved? The obvious, broad answer is that the parties were unable to reach a compromise, so the real underlying question is, what kept the parties from reaching a compromise?
On my individual legal blog I once discussed the concept that a party must “get real.” Today one difficulty is that we didn’t have enough of the facts, let alone all of the facts, that the parties could agree on or that the parties could rely on in order to arrive at the same place for an agreement. It is hard for parties to “get real” if they don’t know what the real facts of the case are
Personalities can be a difficulty at mediation. In fact, some parties or attorneys may simply not be wired in an appropriate way to be successful in resolving cases in mediation.
Please comment, add, refute, clarify or inquire regarding this posting if you are so inclined. I would love for this to convert to a helpful dialogue and resource.