Alternative Dispute Resolution
Sep. 1, 2012
Mediators: advocates for the settlement
When a mediator becomes an advocate for a party, the mediator runs the risk of buying into that party's value of the case.
Robert S. Mann
Neutral, ADR Services, Inc.
Email: rmann@adrservices.com
Robert mediates and arbitrates business, real estate and construction disputes.
In a recent mediation of a litigated matter, we had spent a long, difficult but productive day trying to reach a settlement in a highly contentious and bitterly fought business dispute. The defendants had made an offer and, I was discussing that offer with the plaintiff and her counsel. The plaintiff and her counsel told me that they would not accept the offer - it had to be a higher number. They then asked me to convey a counter-offer, and as I was leaving the room, the plaintiff's lawy...
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