Modern Mediation: The Power of an Apology

Mediation provides an excellent opportunity to apologize.

Most cases involve conduct that has offended one party or the other, and maybe both. Even small or accidental slights—like not returning phone calls—can obstruct resolution when combined with the stress of a lawsuit.

When you approach a mediation, consider abandoning or at least moderating your chest-beating and table-pounding. Instead, try to identify what I call the “triggers of distrust” and look for ways to neutralize them. If your client can recognize and acknowledge their opponent’s pain and maybe even convey sincere responsibility for their role in causing that pain, the skies can open.

The confidential setting of a mediation provides the safest environment for your client to expose their humanity and humility without admitting liability.