For the past seven months, CalBizLit, operating under the birth name Bruce Nye, has been regularly serving as a mediator in Northern California. With this peacemaking experience, and after a decades-long history of participating in mediations as an advocate, CBL is thinking it would be worthwhile to write about what makes mediation succeed and what makes it fail. So we’ll be providing some posts on that subject, starting with this one. Nye’s mediation website is at www.brucenyemediations.com.
Regular litigators, corporate counsel and insurers are well aware of the mediation process, and many of them have much experience in the mediation world. Once upon a time, we settled all of our cases by picking up the telephone and exchanging letters (remember letters?) Sometimes in litigation with represented parties, the parties ought to be able to reach settlement by sitting down together, talking on the telephone or both. But in many other instances, the mediation process – where a neutral works with both sides to help them reach a decision they control – is the way to go. So here are some initial thoughts on five things likely to make a mediation more successful.
More after the jump.