Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties. The mediator must tread lightly when the issue of his or her evaluation is broached by one of the parties.
Preparation is the key to success. As lawyers and advocates for our clients, this is not a foreign concept to any of us. However, when it comes to mediation, attorneys sometimes forget this key advice.