Shared Goals: The Key to Making Settlement Possible

When Both Sides Want Different Things, Settlement Is Hard. When They Share a Goal, Everything Changes.

Mediation can feel impossible when the parties disagree about every aspect of a case. Yet, many successful mediations hinge on one simple factor: both sides want the same outcome, an end to the dispute.

That does not mean they agree on the facts. It does not mean they agree on liability, damages, or even like each other. They can disagree about almost everything.But, if both sides genuinely want a resolution, that is often enough.

I recently mediated a case where the plaintiff was determined to have his day in court. Settlement seemed unlikely. Throughout the day, however, he became more open to discussing whether a trial would accomplish what he wished to achieve.

A trial comes with risks. He might lose. He might win less than he expected. He might spend years getting to trial only to walk away feeling just as frustrated as he did before. A verdict does not always bring closure.

After a full day of negotiations, the plaintiff reached an important conclusion: his best path forward was to resolve the case.That realization suddenly did not make the negotiations easy. The parties still disagreed about the facts, liability, and damages. But they finally shared the same objective.

Once both sides wanted a resolution, the case settled. Shared goals do not guarantee settlement. But they often make settlement possible.