A business disputes mediator in Newport Beach California will have seen a huge variety of business disputes and conflicts between the parties. One issue that a business disputes mediator in Newport Beach California will come across more often than not is parties treating the mediation like a litigated matter. It is the role of a mediator to keep both parties working together as much as possible to achieve a mutually advantageous outcome and to avoid the parties treating the mediation like a courtroom matter.
One way that this often plays out in mediation is when one party triumphantly yet figuratively backs the other party into a corner. The second party may have been caught out in a lie or with some false logic, and the first party revels in the fact that the second party now has nowhere to go. Many times a business disputes mediator will take a party aside to privately discuss the ramifications of the position that they are putting the other party in.
While leaving one party with nowhere to go may be an effective technique in a litigated courtroom situation, in mediation can be nothing but unproductive. The essence of mediation is that both parties come at the process willingly, so if one party finds themselves losing face or becoming disheartened with the process itself, the mediation may break down. Rather than using clever arguments to back the other party into a corner, in mediation it is better to focus on keeping the lines of communication open.