Mediating Just Cause Cases

  • 15 septembre 2021
  • Stuart Rudner, Rudner Law

As a mediator, my job is to help the parties reach a resolution. In order to do so, I have to effectively negotiate both sides of the case. If you can convince me of the strength of your case by explaining it clearly, then I can go into the other room and do the same. The easier that you make it for me to understand your case, the easier it will be for me to put your case forward in the other room. As I often say, at mediation, you want to “help your mediator to help you”.

Winning at Mediation

I have said this many times: there is a big difference between settling at mediation and winning at mediation. You should put forward your best case at mediation, but the reality is that in many cases, counsel miss the opportunity to be a zealous advocate. Instead, they go through the motions when it comes to advocacy at mediation, doing little more than copying their pleading into a mediation brief and then showing up at mediation without a firm grasp of the case and evidence.

Since very few cases get to trial, and most cases that go to mediation settle there, mediation is often the “main event” and the only real opportunity to argue your case in front of a neutral third party.  Ideally, as counsel you should show your mediator how strong your case is and enlist them to advocate on your behalf.