Question:
Is it better during mediation to just be straightforward about where you would like to end up or is it better to ease into it?
Sandy Says:
I believe it is better to ease into it. I think that a certain amount of processing needs to be done by the parties and that processing is cut short by putting it all out there at the very beginning of a mediation.
Sometimes being straightforward pays off at the beginning of pre-mediation if you have already engaged your opposing counsel in settlement negotiations, but that is the only scenario where I would recommend cutting to the chase very early. There is always a time in the mediation where putting it all out there is appropriate but I would suggest waiting and even asking your mediator what he/she thinks about the timing for that in a specific mediation setting. As an aside – I generally do not like to know the parties’ bottom lines. I prefer being as in the dark as your opposing side is.