Then the next day, the Plaintiff accepted a mediator's proposal and then left the hearing to pick up her child before the Defendant accepted or rejected. He did reject, but when I communicated his counter-offer to her lawyer, she was unreachable and I had no choice but to excuse everyone until Plaintiff's lawyer could discuss the counter-offer with his client. After everyone left, I was unable to reach any one other than the lawyers. The hard work and close-to, but not yet completed negotiation virtually fell apart because the process had completely changed once all communication was filtered through lawyers and telephones or worse yet (in my opinion) email.
Just like the children's game of "telephone", something is invariably lost in translation when communication is anything other than face to face. What's more, the parties lost out on the valuable momentum that was built up during the mediation. How do you keep the parties physically present until the case is completely resolved?
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