Texas Bar Journal Article: “Mediation Myths and Lies”


 

Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations.

Here is his list of myths:

  • A Strong Mediator is Better
  • Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided
  • The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonable Settlement
  • Not Making a Pre-Mediation Demand Will Lead to a higher Settlement
  • If the Other Side is Not in Your Range, Use Brackets
  • Let’s Meet in the Middle
  • The Devil Made me Do It
  • Having a Failed Mediation is Better than not Having a Mediation at All
  • A Good Mediator Can Settle Any Case
  • In Mediations Where the Parties Are Upset with Each Other, the Opening Statement Should be Avoided
  • You Need to Have a Mediator with a Legal Background in the Subject Matter of the Case
  • A Good Mediator Does Not Need Pre-Mediation Position Papers
  • Everyone Should Dress Down for Mediation Because it Helps Everyone Relax
  • Mediations Should Always Be Done as Possible in the Litigation Process
  • Plaintiffs’ Attorneys Should Throw Very Hard Punches at Opening Session in Order to “Soften” the Defendants and to “Impress” the Plaintiff
  • Complex or “High Dollar” Cases Need More than One Meditation Session
  • Mediations Can Only Succeed When they are Done Right

Check out the full description of these “mediation myths” here and let us know what you think!

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