In a contract dispute, for example, it may occur at some point to one side that there may be a non-economic element to the resolution. That is not a good insight at midnight after a day of mediating. Figuring out that there is a non-monetary element and figuring out what it is may require brainstorming in a group and before people are tired. It may also require input from others back at the company, who may have different or wider views, or know what is possible. The advocate and the client should try to identify the universe of possible solutions in advance.
Economic solutions tend to be simple, if painful.
Counsel might consider broaching these possibilities to the other side in advance. Tossing these ideas out may itself lead to settlement. It Counsel and client might try to figure out on paper how the economic and non-economic elements would get written down in a binding settlement document. In fact, they might bring a draft of a settlement agreement - something short that captures the main elements. It may avoid two or three hours of wrangling at 2 or 3 a.m. when tired and cranky people might be tempted to walk out and the agreement might benefit in complex negotiations, from the input of others who aren't at the mediation and may be tucked in bed in Grosse Point.