Andrew Horowitz of Obermayer Rebmann Maxwell & Hippel. Courtesy photoFrom a Mediator’s Perspective: Common Mis-steps That Parties Make at Mediation
Parties don’t simply say what their bottom lines are at the outset, rather the mediator’s job is to gradually convince the parties to make themselves vulnerable by exposing (and possibly moving) their bottom lines.
January 14, 2025 at 08:00 AM
6 minute read
Effective advocacy at mediation is both an art and a science. At bottom, you are trying to probe whether settlement is possible—in other words, is there something that both sides would agree to. The job of the mediator is to facilitate this process. Parties don’t simply say what their bottom lines are at the outset, rather the mediator’s job is to gradually convince the parties to make themselves vulnerable by exposing (and possibly moving) their bottom lines.
As a practicing mediator since 2020, here are my observations about how counsel can derail and undermine this process:
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