Just Listen

Currently I am listening to the audio book version of  (the coincidentally titled) Just Listen: Discover The Secret to Getting Through to Absolutely Anyone by Mark Goulston. While it is not about mediation per se, I recommend it to all mediators or to anyone with an interest in mediation.

Mediation advocacy tip: Speak to the other party.

During a joint (plenary) session at mediation, a lawyer shouldn't restrict his or her comments to the mediator or even to the other counsel. 

Speaking to and making eye contact with the opposing party is vital. After all, it is the party's case.

Many lawyers will only look at and speak to the mediator. However, it is not the mediator's case. The mediator is neutral and cannot make a binding decision.

Why not then speak directly to the person who has the power to settle the dispute?

GO AHEAD AND SUE ME...

“Go ahead and sue me – it will bring us closer together!”

                      -George Clooney in the film "The Descendants" in response to Beau Bridges'
                      character's threat to sue Clooney's character over a family business dispute.