If it just ticks you off, you had better look deep inside yourself and determine why it disturbs you so much. Remember, the mediator will be doing the same thing with the other side, and, often, confidentiality in the caucus prevents him or her from disclosing what he has said or has been said to him. He or she frequently sees things the lawyers have shoved out of their consciousnesses in order better to prepare for battle. The battle, of course, is the trial, the last resort in our judicial system from which mediation is committed to do its level best to save the parties. A footnote to all this.
Mediators recognize when they are being had.
I always believed, if he was my friend, he had to be honest, and, if he was honest, he might unconsciously bend over backwards not to show a bias in my favor. I don't have to tell you what that could have resulted in. More Edsitorials Tell someone about this Article.