Originally from Dispute Resolution Journal

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There are certain codes of conduct that should be followed if you want to optimize your chances of a successful mediation. In the following article, the author outlines the behavior that he feels is acceptable in the mediation process, and that which is not.

The parties’ commitment to resolve a dispute and maintain control over the settlement is a cornerstone of a successful mediation. This, coupled with a knowledge of the following “do’s and don’ts” of mediation, written with the advocate in mind, creates an environment where the parties are most likely to see the mediation end with a mutually satisfactory resolution.

1. Do Not Make a Non-Negotiable Demand in the Joint Session and Walk Out (or Threaten to) if Your Needs are Not Met
Mediation is a structured negotiation. It permits the parties to vent, allows a neutral to give the parties some reality checks, and ultimately leads to a resolution which the parties control and accept. The non-negotiable “I want my way or I hit the highway” is totally inconsistent with the reason for mediating. The take it or leave it approach may be a good negotiating tactic in some situations; however, especially at the beginning of a  mediation, it will very rarely facilitate a dialogue leading to a resolution. You may draw a line at some point. Drawing it at the outset when the expectations of the parties is a day of give and take leading to a deal will help ensure failure.