Approach to Mediation

— By John Merrick —

Mediators are wedded primarily to one thing and one thing only: the deal.

They do not care about saving the insurance company money.

They do not care about putting more money in the pocket of the plaintiff.

They do not care about the amount of the settlement.

(And they should not care about any of these things)

A mediator’s goal is to find out – usually without asking directly – how much one side will pay and how much the other side will accept. Then, the mediator attempts to bring the parties to that figure or range using a variety of tactics.

Prepare accordingly:

– Prepare your client for every issue that will be raised by the mediator.
– Have a plan and stick to it. It is important to be firm yet flexible.
– Keep an open mind and be willing to bend if it is reasonable to do so.
– Do not negotiate against yourself.
– Do not make big moves without reciprocity (unless you are in an unreasonable range and need to adjust to keep the other side engaged.
– Do not capitulate.
– Do keep moving.

Even when a resolution seems hopeless, keep a positive attitude. Big moves often come late in the day.

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