I’m regularly amazed how many participants in mediations think they can get blood out of a stone! “I want to prove a point” or “I just want my money” or “of course it’s not about the money but I’m not going to let that **** get the better of me” or “if they want the money let them sue me”. ??Life is too short; and what goes around comes around. So if you can sit round the table, or in separate rooms, with the help of an independent facilitator and resolve the issues and move on, this is much more constructive, time and cost (and stress!) saving.
It seems like common sense, but some people often don’t get it.?? As confidential discussions progress in a mediation you often find that the dispute is not about the issues first presented. Sometimes you find through the private discussions that the person or company is not worth suing because they don’t have the money … and the commercial route for the Claimant is to accept a lower sum or stage payments, rather than trying to get blood out of a stone……. You may also find there are key elements in your case that don’t stand up to scrutiny and maybe you have to move your own position. ??As Churchill famously said “Jaw Jaw” is better than “War War”. ?And as I’ve less famously said “Win Win is better than Draw Draw”.
I’ll leave you with this thought: “The best way to cheer yourself up is to try and cheer somebody else up”??. Have a good week.
Roger
