Process Disrupted: Lessons Learned
This year, several of my mediation clients asked me to skip parts of the mediation process either before the mediation started or during the mediation itself. In these circumstances, it was to demonstrate their frustration with the other party and or create a power imbalance. Legal counsel once asked me to do away with the opening statements altogether and in another instance; counsel interrupted my opening remarks and asked me if I was “seriously going to continue with them?” The comments created immediate challenges to me and the mediation process not to mention the impact on the other party and their clients. The counsel that asked me to skip the introductory statements asked before the mediation started and as such, I had a few moments to address their concerns. Thanks to the time spent addressing the party in a thoughtful and careful way; they decided to move forward in joint session. Nonetheless, after the opening statements everyone agreed to continue the mediation in a shuttle format. The parties did meet again to shake hands and thank each other for their participation. However, in the second example, when legal counsel asked if I would seriously continue with my opening statement, I simply responded “yes” and moved forward. This answer came with a great deal of internal dialogue as it was not to be ignored: Do I stop my introduction and address the question directly or in caucus? If I caucused immediately, how would it be perceived by the second party? What