The parties normally have an emotional reaction to the litigation. Their view of the dispute is visceral, not rational: “They done us wrong!” This point of view distorts their judgment and leads them to make unrealistic demands and to interpret anything an opposing party says or does in the worst possible light. The mediator will work hard to change each party’s point of view from “they done us wrong” to “this is a business problem with a business solution.” So start preparing your clients ahead of the mediation to change their point of view. Help the mediator change the way your client views the dispute.
Francis Carter
