The Seven Deadly Sins of Mediation
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After mediating hundreds of cases in all different fields and parts of the country over 18 years, I’ve reached a few conclusions about mediation that might be helpful to trial lawyers and that I’ve boiled down to seven deadly sins. Just as avoiding religious sins may not guarantee a place in heaven, avoiding my mediation sins can’t guarantee a favorable settlement. But they might at least lower the odds of self-inflicted wounds.Before laying out the sins, two caveats: First, let me say that my style of mediation is rather intensely proactive, and this article reflects the views of one who believes counsel, parties, and mediators must actively persuade each other in order to achieve their desired goals. Mediation theory is replete with references to “facilitation” and “party empowerment.” While I don’t diminish these characterizations, I truly believe participants in mediation are more concerned with results than process, and the road map that follows will lead you to that destination.
1. Not Preparing
2. Choosing the Wrong Mediator
3. Not Preparing the Mediator
4. Not Preparing the Client
5. Not Asking the Mediator for Help
6. Insulting Everyone
7. Lack of Clarity
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