February 09, 2021 Feature

How to Work with a Silent Mediator

Jordan L. Couch
A passive mediator creates a lot of space for the well-prepared lawyer to define exactly what the middle ground should be.

A passive mediator creates a lot of space for the well-prepared lawyer to define exactly what the middle ground should be.

Kritchanut/iStock via Getty Images Plus

In the work that I do (workers’ compensation in Washington State), mediation is mandatory. Every case that goes to litigation must have at least one round of mediation before heading to trial. Over the years I have encountered a large number of mediators with varying styles, but typically a mediator will fall into one of two categories: the active mediator and the passive mediator. Working with the former is easy, but the latter, especially the almost silent, can be a challenge to work with. In this article I’ll explore tips and tricks to help you get the most out of mediations with a silent mediator.

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