I am always amazed in my mediation practice the differences between each and every mediation. Whether it be a sophisticated JV dispute, a disclosure issue or a commission dispute, no two mediations are alike.
As a litigator representing clients, I always knew how a case may settle. Not so as a mediator. In a recent matter, I settled a dispute after two best and final offers and a mediator proposal.
The lesson learned: While the legal issues from one dispute to another may be similar, the parties’ negotiation styles may vary drastically. The most effective way to settle a matter is to be persistent and flexible. The goal of a good mediation is settlement and that is the finish line to always keep in mind.