Alternative Dispute Resolution
Jul. 12, 2014
The thin line that all mediators walk
Mediators walk a razor-thin line on searching for "the truth" in a dispute; Most are more interested in identifying areas where disputed facts and legal issues put the parties at risk.
In a recent post-mediation follow-up email I received from one of the lawyers in a bitterly fought case, it was suggested to me that recent conduct of one of the parties had revealed "where the truth lies" in the case. I emailed back a few ideas about how to move toward a settlement and also observed that I wasn't as convinced that this conduct had, in fact, revealed the truth about this particular party's position in the case. A brusque responsive email arrived moments later questioning...
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