As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you know the importance of being able to think like your opponent and to anticipate the reaction, response, next reaction and response and so on. Applying a layperson’s understanding of physics – very action will have an opposite reaction (it may or may not be equal but there will be a reaction).
A mediator is placed between the action and reaction – sometimes leading, sometimes following. By thinking about the physics of a mediation and your role in it, you have the ability to maximize the opportunity to use the mediator to assist in reaching a resolution. The key, however, is to understand (and anticipate) the mediator, as well as the other party in the process.
Originally published on Law.com on February 5, 2015.
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