Common as it is to see articles on mediation, rare is the piece that truly addresses reality of the trenches.

“Strategic tips parties should consider when mediating disputes” published in the April 8, 2021 issue of Washtenaw County Legal News is one such very good exception to the rule. It was written by Sean Gay, a Stoel Rives partner and member of its construction and design practice groups.

Some of his key points:

• “Avoid the temptation to become frustrated with the slow pace of negotiations and blurt out your bottom line prematurely ….
• “Understand that although you want to be friendly with the mediator, he or she is focused on achieving a settlement. [The] terms of the settlement are largely irrelevant to the mediator …. [emphasis added]
• “Don’t indicated a strong desire to settle. Seek to appear rational and reasonable but otherwise able to ‘take it or leave it’ when it comes to settlement ….