Mediations don’t always lead to resolution. Still, they can offer new insights about the other party or the issue. This new information could be vital in reaching an agreement later on. It might even help in cross-examining a witness during trial.
Let me share a story.
My client had a wrongful death case. The defendant County made an insultingly low settlement offer of $20K. We decided to mediate before the trial, hoping to settle and find closure. After eight hours of negotiation, no resolution came.
My clients considered the mediation a waste of time. I didn’t.
During the negotiations, the defense attorney mentioned something new. It hadn’t come up in four years of litigation and discovery. His remark seemed irrelevant to most, but it gave me insight. It showed me why he was placing so much importance on what I knew was a non-existent issue.
I used this knowledge during the trial. I focused on this issue, which I might have overlooked without the mediation.
The jury returned with a multi-million dollar verdict after two weeks. They said their decision hinged on that one issue I learned during the mediation.
So, the mediation, though not successful immediately, was crucial to winning the case.
Yes, I’m a fan of mediation. So much so that after 37 years of litigating and trying cases, I’m making the transition to being a private mediator.
I’m excited about this next step in my career.
If you have a dispute that needs to be resolved, consider mediation.
I’m here if you need me.