This blog post contains a series of tips on how parties should approach mediation, written based upon my attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as a mediator.
Focus on the future, not the past
Too many parties at mediation are focused on what the other party did that caused them to be in litigation. Employees continuously refer back to how poorly they were treated after devoting their lives to the organization, and employers often refer to the conduct of the employee and how it destroyed the employment relationship (particularly if there is an allegation of just cause). Whether or not any of that is true, I always remind the parties that they cannot change the past.
What’s done is done, and they need to move forward.