Originally from:

AAA Handbook on Mediation - Third Edition

The Myth of the Mediator as Settlement Broker

Douglas E. Noll*

The prevailing belief among many mediators is that the market drives them to be good “settlers.” This is a myth. The mediator’s calling is deeper and greater than being a “settlement broker.” If mediators focus solely on settlement, they may be tempted to transgress the bounds of ethical propriety. This article argues that mediators provide many other services besides that of settlement broker. It also contends that by focusing on these services, mediators will be better appreciated by the parties and counsel. A good outcome will always flow from great mediation services, making deception unnecessary.