Mediation is a process, a dance. Attempts to streamline the process, such as by eliminating joint opening sessions or opening statements, or by attempting to jump prematurely to bottom line positions will usually serve only to undermine the effectiveness of the process. Do not be in a hurry, nor let your client become too easily frustrated. Commit yourself to bargaining towards your bottom line concessions for as long as it takes, and enlist the aid of the mediator to see that the other side does the same. Do not become impatient. Commit to the mediation the time and effort necessary to allow the process to work its magic.
Francis Carter
