Proximity of the parties’ best numbers breeds settlement. Often times in mediation, one side will say they have reached their best number when, in reality, they are reacting to the other side’s minimal movement. One of the aims of a mediator is to try to assist the parties to get to their best numbers. Parties will more often than not reassess and re-examine their case if the gap between the parties’ best numbers move to within an acceptable range.
The key to settlement for the mediator is to try to determine when to move from case analysis to developing a plan of movement by the parties. The Plaintiff typically starts much higher than the case analysis would support, and conversely, the Defendant’s initial numbers are lower than the case analysis would show. Invariably, after swapping proposals that would tend to show that the numbers are too far apart—one or both sides give up and wants to quit. While most lawyers tend to be impatient, it takes experience and maturity to develop patience. Patience is a learned skill. An effective mediator possesses the skill of patience and will help the parties and their attorneys work through the issues and move toward settlement.
Private caucus sessions are very helpful to the parties in getting onto the same page as the case analysis dictates. The role of the mediator is to assist each party to more accurately assess their case, which can lead to a movement towards best numbers, and ultimately settlement of the case.
Floyd Mediation Group, LLC is here to help those that require skilled mediation and arbitration services involving injury and tort cases, wrongful termination claims, breach of contract disputes, family law matters, and many business-related legal disputes. Located in Surfside Beach, South Carolina, within the offices of The Floyd Law Firm—we assist individuals, families, and businesses throughout the Grand Strand and our great state.
