Reaching Consensus: The Real Goal of Mediation

The time it takes to resolve a case in mediation is often beyond the mediator’s control. People negotiate differently—some need time to process a settlement proposal; others respond quickly and decisively. In the end, settlement hinges on whether the parties can agree on what the case is worth.

In wrongful death cases, I begin by making one thing clear: we’re not placing a value on the decedent’s life—we’re trying to reach a consensus on the value of the legal claim. That process can take hours or days. The timeline is often arbitrary.

In a recent high-stakes personal injury mediation, plaintiff’s counsel opened by stating it was a waste of time—he was certain the defense wouldn’t meet his valuation. He was wrong. The defense knew what the case was worth from the outset, and we settled in just a few hours.

Other cases take longer—some a full day or more. That’s where the mediator becomes crucial: helping both sides evaluate the strengths and weaknesses of their case.

When asked, “Will this case settle?” I redirect the focus to a better question: Can we agree on the strengths and weaknesses of the case? If the answer is yes, the case will almost always settle—to avoid the cost, risk, and uncertainty of going to trial.