But the mediator is usually aware of such manipulation. Good advocates know when to stop trying to manipulate, show some trust and make a straighter and more reasonable, argument. Honesty can buy an advantage. When parties go to a commercial mediation, there is statistically something like an 80 percent chance of settling the case. This means the lawyer should probably act as if the mediation session will be the last step in the case and prepare the client accordingly.
Mediation can be such an event.
If the mediator is effective, everyone will focus on the matter in a way that they haven't before. That is one reason mediations are successful. The mediation is the time for the lawyer to do his or her best brief. And this is all they know about the case before the lawyers troop in. The mediator is likely to ensure that the parties, as well as the lawyers, see the briefs and consider the most forceful arguments, or what a neutral sees as the most forceful arguments.