Today I served as a Mediator for a case that prima facie seemed pretty straightforward, based on the pleadings I reviewed prior to the mediation session.<\/p>\n
However, one thing your learn quickly in mediation is that nothing is as simple as it seems at first glance.<\/p>\n
One party had an attorney and other did not (that is, was pro se). The initial sense was that the pro se was at a major disadvantage. But in this case, the pro se had all her facts organized, seemed to have a good negotiating strategy and even said \u201cno deal\u201d at one point and looked like she was going to walk out, relenting only after I asked her to not quit at that stage but stay on and continue with the mediation.<\/p>\n
From my perspective, it was clear to me from the outset that both parties were keen on reaching a settlement and neither gave me the impression that he\/she was there just to kill time at mediation and go on to court. For me, that is the only signal I need to boost my confidence that a path could be found to reach an agreement, if one tried hard enough and looked at all angles.<\/p>\n
With respect to my approach, since both parties (and especially the pro se) appeared amenable to suggestions, I played the \u201cevaluative mediator\u201d rather than the \u201cfacilitative mediator\u201d, a role I prefer because it allows the mediation to move forward more efficiently and not get into dead-ends the parties might end up in, if left essentially to their own devices.<\/p>\n
Bottom line \u2013 the mediation that commenced at 9:00 am and what I thought could be concluded before lunch time, finally ended close to 5:00 pm, when I got the signatures of all the parties on the Mediated Settlement Agreement.<\/p>\n