Mediation is a process and it has its own unique steps that must be followed in order for the process to work. It is not unusual for the mediation to be the first time party representatives and/or attorneys and/or insurance representatives have met face-to-face. It is also not unusual for disputants to have had no settlement negotiations before coming to mediation. Many times, disputants have not spoken since the dispute-triggering event.
While the purpose of the mediation is to explore and hopefully achieve a negotiated resolution, before negotiations can begin, the participants needs to first spend some time settling in and engaging in dialogue aimed at developing a broader view and understanding of “the problem” so that it encompasses both/all sides’ views.
Bottom Line: Go to mediation prepared to talk about the problem and possible frameworks for settlement before the exchange of offers regarding specific settlement terms and conditions….
How to Get the Most Out of Your Next Mediation