Commitment Drives Mediation Results
Most lawyers approach mediation by focusing on the same variables they rely on in litigation: the facts, the law, and leverage. Those factors matter, but they do not fully explain why some cases resolve while others stall.
Often, when selecting a mediator, counsel will look for a mediator with the “right approach” or “personality,” as well as availability. A mediator’s per-day fee is another consideration.
But there is another variable that surpasses these choices: commitment.
Commitment appears in preparation, decision-maker involvement, time allocation, and financial investment. It signifies seriousness, and seriousness changes behavior.
Financial commitment is one of the clearest signals.
