A mediated settlement is based on compromise. Yet all too often parties believe they should get everything they want. It’s the mediator’s job to get the parties to recognize that everything they want is not an option that exists in the real world. There are typically only two real choices: letting a judge or jury decide, with attendant uncertainty, cost and delay, or a negotiated settlement crafted to address the needs, but not all the desires, of the parties. Initially, they may find both options unattractive, but one option – usually settlement – will be the better one. So help your clients to focus on options available in the real world and to recognize, appreciate and embrace the one that is best for them.
Francis Carter
