Like the real-life literary characters in Hemingway’s memoir about the “Lost Generation” in the 1920s, a good mediator needs to offer a variety of options to participants and their counsel, and treat them to an endless supply of ideas and suggestions for resolution. Oftentimes, at the end of an initial mediation session, the parties are somewhat adrift in a sea of facts, ideas and concepts, like a rudderless ship. They need direction and continued cajoling from the mediator, in the form of follow-up. As a baseball great is often quoted saying, “It ain’t over till it’s over.” The significance of these literary and cultural references is simple — persistence settles cases.
Many consumers of the mediation product currently on the market — made available by professional mediators, lawyers, retired jurists and anyone else engaged in the dispute resolution profession — do not realize the potential impact of persistence. It is an under-used tool in the mediator’s toolbox.
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