Simon Mediation - Dan Simon, M.A., J.D.


Dan Simon, M.A., J.D.

Old-School Mediation Techniques

Learn why old-school mediation techniques aren’t effective.

Here’s what I said in this interview about the unfortunate way that most litigation-related mediation is currently done:

” I think there is a wide spectrum of what is considered mediation or what is called mediation. From what I’ve gathered from anecdotes from the lawyers I’ve talked to who practice litigation and from the mediators I’ve talked to, the most common approach to mediation or so called mediation in the world of litigation is where the mediator keeps the parties separate from each other and does his or her best to persuade each side to compromise.

They do that by emphasizing to each side the weaknesses of their case, emphasizing the cost of litigation and basically doing whatever else they can do to get the folks to come closer together in terms of most often a settlement amount. That is considered mediation in the sense that it’s voluntary. It’s voluntary in the sense that the mediator has no official authority to enforce any settlement or to require anybody to come to a settlement. The mediator though generally in that context sees his role as being to get a settlement done and use whatever methods he or she can to get the deal done.”

Interview by