Mediation is NOT Litigation; Don’t Approach It the Same Way

Attorneys and clients will often approach mediation from a “litigation” point of view; that is, mediation is something to be won or lost.  This may lead to overly aggressive behavior, such as coming in the room with an “us vs. them” mentality; making accusations, threats and demands; refusing to be in the same room with the opposing party and their counsel; and seeking to “annihilate” the opposing party.  If you treat mediation like litigation, you will find it very difficult (if not impossible) to settle your matter, and you may lose out on the opportunity to resolve the dispute without extra expense.  Approach mediation with a firm dedication to advocate in your (or your client’s) best interest, but with the willingness to be cooperative and collaborative.