MEDIATION
You have won the day. You isolated the trouble threatening Claimants Over-Active Lawyer (renamed COAL). You worked your magic on the parties. You created momentum + things fell into place.
It is not always like this. Mediation can be derailed. Success is not guaranteed + when failure threatens think of two things.
First, without seeing it as a personal defeat do appreciate that you are not in exclusive control + calculated intent by a party can thwart the most skilled mediator. Not all disputes settle.
Second, think creatively all the time. Keep your standards up. Maintain your stamina. Give it your all + leave the parties thinking you are there if you are needed.
So no self-deception. Never get personal. Keep your head clear. Review different options. but do not become desperate. Do not prostrate yourself in search of a solution. You have to keep your dignity + self-respect + standards.
It is interesting to reflect on the different skill set for Arbitrators + Mediation. Starting 2 June 2012
Starting tomorrow – A Late application To Enter Documents at an Arbitration Hearing
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