Q: What would be your best pre-mediation tip?

A: Trust the process. It may seem very long and challenging at times, but it is worth it.

When a mediation starts, I want the participants to know that time is their ally. The longer mediation takes, the more likely there is to be a positive resolution. Some people come into the mediation and want to get it over as soon as possible – “What’s their bottom line offer/demand?” They want a quickstep rather than a waltz. This is categorically disastrous.

The process works because the more time the parties spend in mediation, the more likely they are able to identify their wants and needs – which in turn helps to get the case resolved. Emotional responses or reactions tend to keep the parties in a lawsuit.

Based upon my observations, the emotion displayed during mediations are ephemeral during extended periods. After an effective mediation, the parties’ emotions take a back seat to reasonable thought and consideration.

Spotlight on Scott J. Silverman