By: Donald C. Turner
A mediation is an exercise in compromise resolution. In my all years of experience as both a mediator and as counsel to a party to a mediation I have yet to see a mediation where one party achieved everything it had originally demanded and the other party totally capitulated. Though such a result maybe a technical possibility, in reality it rarely, if ever, occurs. As a result, a willingness to compromise is a necessary prerequisite to a successful mediation. Don’t waste your time and money on mediation if you are not willing to compromise; but if you are, mediation can save you time and money and enable you to avoid the uncertainty of litigation.