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RIGHT BRAIN APPEALS

Allowing the parties and their counsel to “vent”

Before a party can move on to a reasoned evaluation of the merits of his/her legal positions, it is often necessary for him/her to give voice to the emotions and frustrations he/she feels as a result of the other party’s actions.

Indeed, for the plaintiff, this opportunity to speak out can become a substitute for his/her “day in court” that permits him/her to bring closure to a bad episode in his/her life.

As such, it is important that a mediator allow the parties and their counsel an opportunity to vent if it appears they need to do so to progress with negotiations.

In providing them this opportunity, a mediator must be careful not to permit communications between the parties to become counter-productive toward the goal of achieving settlement.

This can become a fine line for the mediator to walk, and it requires that he/she maintain control of the process at all times.

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