Often, assessments change based on negotiations that take place in subsequent meetings, particularly with respect to a party's willingness to accept the risks of litigation. It is essential in any mediation that negotiations continue until such time as each party's best position is on the table. Settlement is most often achieved when the parties are convinced that they have seen the other side's best offer. The mediator's job is to keep the negotiations going until this point is reached. If the mediator does not have the skill or experience to keep the negotiations going, the chances of settlement are significantly reduced.
Successful mediators are tenacious.
They have the skills to break impasse and keep negotiations going notwithstanding obstacles to settlement. The marketplace demands mediators who will not give up and adjourn the mediation merely because the parties are too far apart. A brief discussion of mediation styles is helpful at this point. Not all mediators employ the same style. Some mediators use an evaluative approach and some use a facilitative approach.