Home > Law Journals > JDR > Vol. 2024 > Iss. 2 (2024)
Abstract
Consider two hypothetical scenarios of mediations of a personal injury lawsuit. In one scenario, Kenji, the plaintiff, arrived at the mediation session feeling anxious because his attorney hadn’t told him much about the process and he didn’t know what to expect. He didn’t understand the factual and legal issues, how the mediation would unfold, or how he might participate in the process. He felt demoralized because he didn’t know enough to feel confident and assertive about making decisions in his case. In the mediation session, he spent a lot of time alternately hearing the mediator explain why he couldn’t get as much money as he expected and waiting for the mediator to come back after “caucusing” with the other side. Kenji felt increasingly frustrated because the mediator – and sometimes his own attorney – repeatedly encouraged him to reduce his demands. He grudgingly went along with most of their suggestions, but he became so angry that he almost decided not to settle. He eventually accepted the defendant’s last offer because it was late in the day. His attorney and the mediator emphasized that he could avoid the stress of continued litigation by settling right then. When he got home, he had buyer’s remorse, feeling that he got less money than he deserved. He was furious at everyone including the defense counsel, the mediator, and especially his attorney because he felt blindsided in the process.
Recommended Citation
John Lande,
How Can Courts–Practically for Free–Help Parties Prepare for Mediation Sessions?,
2024 J. Disp. Resol.
(2024)
Available at: https://scholarship.law.missouri.edu/jdr/vol2024/iss2/7