Sometimes a case just won’t settle, but mediators can still add tremendous value.
The way to do so is by keeping the productive aspects of the mediation going beyond the mediation.
- Work out an agreement on the issues in dispute for trial;
- Work out an agreed upon statement of facts for trial;
- Encourage the parties to continue negotiations;
- Invite the parties back for a follow-up medication; and
- Educate the parties on ADR alternatives such as arbitration.
A mediation that does not settle the case but does result in an agreement on the issues, facts or further ADR such as arbitration is a successful step in the right direction.