I recently mediated a case just days before trial. After nearly five years of hard-fought litigation, not a single settlement offer had been exchanged before the mediation. But finally, both sides were ready to talk.
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Martin E. P. Seligman, Ph.D. writes in his book Learned Optimism:
“The defining characteristic of optimists is that they tend to believe bad events are temporary, limited in scope (instead of pervading every aspect of a person’s life), and manageable.”
This perspective is essential in mediation. Parties often arrive at mediation feeling exhausted and discouraged. They have been through lengthy litigation and feel stuck in conflict. Whether it involves injury, employment, or business issues, the situation can seem unresolvable.
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