Alternative Dispute Resolution
Mar. 31, 2025
Why it's time to retire the 'little unhappy' speech in mediation
In mediation, instead of using the cliché "a good settlement leaves everyone a little unhappy," it might be more effective to focus on the reality that settlement is often the better alternative, even if it feels imperfect or unsatisfying at first.
In a recent commercial real estate mediation
a very wise, experienced and gracious lawyer mentioned to me, in passing, that
at some point in every mediation the mediator always gives him the "A good
settlement leaves everyone a little unhappy" speech. It was undoubtedly his
polite way of saying that he didn't want the same speech from me.
This lawyer was right. Just about everyone who has ever participated in a medi...
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