In order to keep things cool at mediation during these summer months, it may be necessary to “QUERY” the opposing litigants.
After more than a decade of mediating Superior Civil Court claims in North Carolina, I am still struck by how often emotions can so easily overrule logic, and derail successful settlements at mediations.
It’s not that emotions are bad; far from it. We are human beings after all, not Vulcans (see below), and as I wrote in a previous Mediation Minute last July, it would be strange if folks were NOT angry over lawsuits. Plaintiffs are upset because they feel they shouldn’t have had to file an claim in the first place, and defendants are angry over getting hauled into court.