“If parties do not settle it is often because one or more of them wants more than simply an agreement. A litigant may be seeking . . . the chance to confront an opponent in the presence of a neutral person, present arguments, and express his feelings about what happened. . . .
“[S]trong emotions, left unaddressed, can badly distort one or both parties’ bargaining decisions. Not dealing with feelings is itself a barrier to settlement. . . .
“[In mediation,] parties can vent feelings to the mediator and to each other. The experience of telling one’s story and feeling heard out can have a surprising impact, helping people bring closure to a traumatic event and accept a settlement.”
Dwight Golann, Sharing a Mediator’s Powers: Effective Advocacy in Settlement (ABA 2013) at 12-13
