“They also serve, who only exchange offers.”

A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort mediation, involving a single plaintiff and two insurers started at 10 am and concluded 8 hours and 15 minutes later. The following is the sequence of proposals and counter-proposals.

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There were a number of times during the negotiation when I suggested options for accelerating or streamlining the exchanges but all sides signalled that they were content to carry on as they were. For much of this mediation I was simply a bearer of numbers. There were two instances when I was asked privately to confirm with counsel their own perceptions regarding litigation risk and I was happy to do so.

This settlement, that started with a gap of $780,000 after the first exchange of offers, saved the parties a 3 week trial and while all parties were somewhat disatisfied at the dollar value of the outcome they were very satisfied with the way the process has unfolded. I always say that if everyone is unhappy with the settlement number that’s a sure sign of a good settlement.

My message to mediators arising from this mediation (and so many others like it over the past 22 years) is “be patient” and “trust the process”.

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