Bitterly adversarial opening statements and attempts to intimidate the opposing side set the tone in too many mediations. In one case after both sides enthusiastically started down that intensely negative path, I privately queried counsel in the first caucus as to whether and how he could ever expect to negotiate an agreement with the opposing party after his fierce opening. He looked at me hopefully and replied, “I don’t know. Maybe…mediation magic?”
Since that day I have been contemplating the meaning of “mediation magic.” I wondered how I could use it to help the dispute participants overcome their negativity and successfully collaborate with the mediator and opposing parties to arrive at a resolution to their case.
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