The goal of mediation is to settle the case, not to reach agreement on all areas of controversy.  It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the underlying issues.

When a party is laboring under a misapprehension which affects their valuation, it may be beneficial to explore the issue in the hope of shedding light or building consensus before heels are dug in too deeply. However, zeroing in on an area of intractable disagreement can further solidify positions that are far apart and may exacerbate distrust. This can make it more difficult to build momentum towards a resolution.

The earlier in the process the mediator can determine whether delving more deeply into the facts or particular legal issues would be helpful or counterproductive, the less fixed the parties’ positions will be and the greater the chance of a successful mediation. 

While it is important to determine if there is a factual or legal disagreement that, if resolved, would allow the parties to more readily settle the case, it is critical to ascertain the likelihood that an agreement regarding that point of contention can be reached. At times, the mediator will identify areas of complete and unyielding disagreement. When that occurs, continued focus on an area of disagreement or attempting to get one side to concede the point is not purposeful… getting both sides to value the case in light of the disagreement becomes the goal.

Remember that the goal of mediation is to reach a resolution of the case, not a mutual agreement as to every fact and contention. With this understanding in mind, come to the mediation with a clear understanding of the primary issues that affect your valuation. During the mediation, strive to recognize when discussion of those key issues may shift from seeking consensus or agreement to determining the value the disagreements may have within the broader context of the case.

At the end of the day, in order to resolve the case, the only thing the parties need to agree on is the final number.