2018 was quite the year.
Here are some of the things that I learned:
Persistence and Patience:
Even the case that you believe will “never settle” can settle with persistence and patience. While that settlement may seem elusive with dogged determination and patience it can be achieved.
Sometimes A Case Needs Time to Settle
While I always hope for a quick resolution, sometimes that is not possible. Cases often require time to resolve. The parties may need time to get comfortable with the settlement terms. Or, procedural and substantive issue may need to play out in Court before the parties are able to focus on settlement.
The Importance of Staying Positive
At that moment when it looks like the case will never resolve, it is most important to stay positive. There is always a way forward. It is a mediator’s responsibility to always make that clear to the parties.
Blocking out the Noise
With our electronic devices demanding our attention, stock market gyrations, and the caustic news of the day, it is easy to lose focus. One of the most important jobs of a mediator is to keep the parties focused on the issues that need to be resolved.
The Most Important Lesson
And, finally, the most important lesson is to never give up. Some cases may be more difficult to settle but a settlement can always be achieved if you remain focused on the end game.