The role of advocacy when mediating a lawsuit is often exaggerated. Whether a case will settle during a mediation session is largely determined not by anything you say or do on the day of mediation, but by the thousand small moments that define your preparation.
Attorneys are often frustrated when mediations “devolve” into discussions about the substance of a case. Many think discussing legal merits is not what gets the case settled; only money gets the case settled. While this is true on a basic level, it does not mean the mediator’s role should be to simply pass a yellow legal pad with numbers on it back and forth between two attorneys. The most productive mediations are those where substantive arguments are vessels for good-faith monetary demands and offers, hopefully culminating in a settlement.
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