Mediation is a nonadversarial process. Mediation invites parties to collaberate on designing solutions to their problems. When parties buy into mediation as a means of solvin their dispute, there is a high probability that there will be an amicable settlement.
That is the ideal. The reality is that parties often have other motives. Parties may wish to conceal evidence which might lead to a resolution. Parties may feel that the rewards of a jury trial outweigh the risks of loosing. Parties may be scared of the process. Parties may feel that because a judge ordered the case into mediation that they will not have to meaningfully participate.
Attorneys that represent clients in mediation really should educate themselves (and their clients) about the process. They should sit down with their client BEFORE the mediation and explain that they are active participants in the process. Someone with full settlement authority should be available during the mediation. Clients should be made aware that they must be ready to discuss all of their issues and needs arising from the dispute.
Mediation is not a therapy session. It is a problem solving process. Full disclosure helps to solve problems.
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