Victoria Pynchon's always-insightful Settle it Now Mediation Blog takes a close look today at the alternate mindset necessary for resolution of conflict through mediation, as opposed to litigation.
Needless to say, lawyers attending with clients at mediation play a major role in setting and maintaining the tone of the dialogue that ensues. While I'd argue that there is no one-size-fits-all-cases "mediation mindset," and there are indeed occasions where a "big stick" is warranted - even at mediation - Ms. Pynchon's analysis and comments are sound and largely on the mark.
Mediation works best when legal warriors lay down their swords (if only for the day).
- Garry J. Wise, Toronto