From Mold to Money: What Two Wildly Different Cases Taught Me About Mediation

I recently mediated two cases on the same day that could not have been more different.

The morning began with a habitability dispute. A tenant alleged unlivable conditions and demanded compensation from her landlord. That afternoon, I turned to a complex federal banking matter, where the plaintiff claimed her bank mishandled alleged fraudulent charges in her account.

Different legal issues. Different industries. Different stakes. And yet, the negotiations in both cases followed an identical path.

In each, the parties were highly motivated to avoid trial. With court dates rapidly approaching, both sides faced the same calculation. They could win big, or they could leave with nothing. That looming risk created urgency and sharpened their focus.

Then came the money. In both sessions, a familiar rhythm emerged. Large settlement moves were met with equally large counteroffers. Cautious steps were mirrored just as cautiously. That symmetry in strategy built momentum and led both matters to resolution.

The key takeaway is this. The substance of a case may vary wildly, but the mindset of the parties is what drives settlement. When both sides are committed to the process and focused on closing the gap, almost any case can be settled.