Resources > Tea Troubles: Mediation
Tea Troubles: Mediation
Marjorie Corman Aaron
The mediation version imagines that earlier negotiations have been unsuccessful, litigation has been threatened or initiated, and the parties (on the advice of counsel) have agreed to mediate. Because the PlentiCo client representative doesn’t understand the weakness of their legal position (likelihood of a costly injunction as well as damages), they have offered only “nuisance value.” The mediated negotiations have stalled and appear to be at an impasse. The mediator is to assume that earlier efforts at improved communication, creative solutions, and the like have been to no avail because the parties’ assessments of likely court outcomes diverge so widely. The mediator believes that the only way to break the impasse is to provide a neutral evaluation. In this case, that means “delivering bad news” to the PlentiCo client in caucus.
Tea Troubles: Mediation (Caucus Only) &/Or Client Counseling – Teaching Note (pdf)
Tea Troubles: Mediation – Information for the Mediator (pdf)