In many mediations, each party forcefully tells the mediator: it’s clear we have the better case, so go convince the other side our case trumps theirs. But the mediator is new to the case, has not heard the witnesses testify, and is not well versed in the proof of either side’s case. Counsels’ mere assertions carry little weight. So, if you want the mediator to help you convince the other side you have the stronger case, show the mediator compelling proof you will introduce in court, e.g., testimony, documents, business records, correspondence. Mediators need more than just your opinion that you will prevail at trial. To convince the other side give the mediator cogent proof to work with.
Francis Carter
