Originally from Alternatives to the High Cost of Litigation

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In preparation for a contentious and complex dispute involving an interpersonal business relationship and betrayal, the defense counsel and I consulted on the defendant’s eagerness to make a formal apology.

I was mediating a case in which the defendant was not a highly educated or sophisticated person and had a common fear of public speaking, even though there were only a handful people in the room. The method that we agreed upon was for the person to handwrite an apology that could be read and given to the defendant, if necessary, written in their own words, and also given to the plaintiff, without editing by counsel. The counsel, however, would review the written apology, but it would not be submitted to me ahead of time.

At the joint session, when it was time for the defendant to make the opening statement, counsel said nothing, the defendant read it, and by the end was tearful. She looked up at her former business partner and said, “I am sorry, I hope you will accept my apology.”