A recent settlement victory showed me once again that you can achieve amazing results at a mediation if you never lose sight of the fact that you are unrestrained by any “negotiating rules”, even if (or perhaps especially because) no one else in the room understands that to be the case.
Most who attend a mediation have in their minds that meditations must go a certain way, completely forgetting the “Alternative” in “Alternative Dispute Resolution”. Use that to your advantage, and don’t be afraid to let your crazy out.
I’m reminded of the scene from Fort Apache the Bronx, with Paul Newman. Not the greatest movie, but in one memorable scene, a cop (played by Newman) is confronted by a knife-wielding crazy person. Continue reading