If you have ever had the pleasure of participating in a mediation with a talented mediator, you can appreciate the unique skill set required. How does a case transform from unsettleable to one in which all parties are satisfied with the results? I recently sat down with Jeff Kichaven, a Los Angeles mediator, to discuss the psychology behind a successful mediation, and his insight is helpful for all levels of practice.
I like to think that mediation is successful if it results in settlement. But, as Kichaven points out, mediation can serve purposes in addition to dispute resolution. It can diagnose why the case will not settle. It can be used to identify the additional discovery needed or what dispositive or discovery motions should be filed, or it can simply work as a private status conference. Still, I feel that I have achieved the goal of mediation if the case settles. So, how and why do cases settle at mediation?
