Measuring Mediation “Success:” Process Matters As Well As Results

We often talk about a mediation being “successful” because the case settled, or conversely that it “failed” because a full settlement was not achieved and at least some parties are continuing to fight. Is a mediator successful solely by virtue of closure? From the clients’ standpoint – both parties and counsel – the result does not always simply equate to their complete satisfaction as to “success” or “failure” of the mediator and the mediation process.

Gilda R. Turitz