As a mediator, I have a difficult task in seeking and “selling” a settlement that is equally unpleasant for each party. I take on this task because I firmly believe that a negotiated settlement is almost always better for the parties than an adjudicated resolution. The parties control the outcome of mediation. Adjudication always leads to disappointment on one side and often both sides.
I believe in hearing both sides of the dispute, including important factors which may not be relevant to the legal issues in dispute. Frequently the non-legal issues are the most difficult challenges to overcome but the most rewarding to resolve.
I proceed on the basis that parties that have agreed to mediation are ready to be pushed and they expect the other side to be pushed equally. I believe that unrealistic expectations must be challenged to achieve a fair settlement.