June 19, 2015

How mediators can add tremendous value when the parties don’t settle completely

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Sometimes a case just won’t settle, but mediators can still add tremendous value.

The way to do so is by keeping the productive aspects of the mediation going beyond the mediation.

Here’s how:

1. Work out an agreement on the issues in dispute for trial;

2. Work out an agreed upon statement of facts for trial;

3. Encourage the parties to continue negotiations;

4. Invite the parties back for a follow-up medication; and

5. Educate the parties on ADR alternatives such as arbitration.

A mediation that does not settle the case but does result in an agreement on the issues, facts or further ADR such as arbitration is a successful step in the right direction.

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