Wednesday, December 9, 2015

Mediation and its problems

   Too many mediators value a resolution, any resolution, over a resolution that will be acceptable to all parties.  Thus the mediator will pressure the party he perceives to be weakest.  That may work in the short term,  but if the mediator is dealing with the same parties on a repeated basis it won't work quite so well.  The parties will quickly figure out that the most successful strategy is to be the most obstinate.  The mediator will then be faced with two parties who believe intransigence is the best policy.

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