We'll do the same thing. The power of apology by the company in, for example, a sexual harassment case can be considerable, if sincerely and credibly presented. It may be imprudent to say this is the worst thing this company has ever done. It may also be imprudent to suggest this was a minor oversight. Of course, counsel for the alleged victim might raise the possibility of an apology with the client before the mediation and suggest an appropriate response by client or counsel.
Mediation can reward imaginative advocacy.
Robert M. Smith is a San Francisco lawyer and English Solicitor who now practices mediation and arbitration full-time. He is on the National Panel of the American Arbitration Association and has served in the Carter Administration.