Mediation tip: Impact of Face to Face meetings at Mediation

In a recent pre-lit mediation, defendant accepted responsibility for what happened, and wanted to meet with & apologize to plaintiff (and counsel). Plaintiff's counsel expressed cynicism about motives and credibility. Although I pointed out the opportunity to assess credibility as a benefit of the meeting, plus the defendant's "need" to have this meeting to apologize and discuss, plaintiff would not budge. The defendant was saddened and disappointed, which feelings pervaded the remainder of the mediation, and the case did not settle (yet). While I do not normally conduct an initial "joint session" (where the lawyers mainly "argue" their case and heighten everyone's tensions), I believe that the mediation IS at least in significant part, about working through everyone's feelings and emotions; sometimes it is the plaintiff who needs the apology, or to vent; sometimes the defendant needs to give an apology; People are often afraid of "difficult conversations" and avoid them like the plague. However when people, together, work through the difficulty and fear to have an authentic dialogue about each side's perceptions and feelings, it can be very empowering and healing for both sides.

Share on Facebook
Share on Twitter
Please reload

Featured Posts

The "Holiday Season" (from Thanksgiving to New Years), can be one of the most joyful times of the year. Many people look forward to this time, envisio...

Wellness Tip: Keeping your balance during the holidays

December 19, 2019

1/9
Please reload

Recent Posts
Please reload

Archive
Please reload

Search By Tags
Please reload

Follow Us
  • Facebook Basic Square
  • LinkedIn Social Icon
  • Twitter Basic Square
  • Pinterest Social Icon
  • Facebook
  • Twitter
  • Linkedin