A Good Settlement at Mediation is One Where Both Sides Walk Away Unhappy: Perspective of a Fort Worth Mediator
A good mediator possesses a unique blend of legal acumen, empathy, and strategic patience. The value of their wisdom often becomes clearer with time and experience in the legal field. One such piece of advice that always stuck with me, shared by a seasoned mediator during my early days as a young lawyer, was both profound and, at the time, counterintuitive: "Don't expect a good outcome today to make you entirely happy. A good settlement is one where both sides walk away unhappy." This saying challenged my initial understanding of a successful resolution. I envisioned success as a clear victory where my client was undeniably pleased, but I came to realize that true resolution in complex disputes requires a different metric for success.
The core philosophy behind this advice is that the mediator's primary goal is singular: to settle the case. They are not a judge or jury there to declare a winner but a facilitator guiding parties toward common ground. In Texas law, as elsewhere, the legal system encourages alternative dispute resolution to manage crowded dockets and provide more flexible solutions than a courtroom can offer. This process relies on both sides moving from their ideal position to a place of compromise. If one side feels they achieved everything they wanted, it often means the other side conceded too much, which makes a voluntary agreement less likely or potentially vulnerable to later challenges. The mediator’s skill lies in ensuring concessions are mutual and balanced.
The discomfort inherent in a mediated settlement is actually a sign that the process is working effectively. A good resolution in a Texas civil case often involves both parties giving up something of value—be it potential damages, specific performance, or a desired legal position. This shared sense of compromise ensures that the agreement is palatable enough for both sides to accept as a final, albeit imperfect, solution. The mediator’s role is to manage these expectations and prepare clients for an outcome that feels less like a triumph and more like a pragmatic conclusion to a difficult situation. This reality check is crucial for managing client emotions and ensuring they understand the inherent risks and costs of going to trial.
From the perspective of a Texas mediator, creating an environment where both sides feel heard but ultimately have to make tough choices is essential. They use their understanding of local legal precedent and the potential outcomes of a jury trial in Texas to guide these discussions. A mediator will often emphasize the unpredictable nature of litigation, the significant expense, and the time involved to motivate compromise. By forcing both parties to confront the weaknesses in their own case and the strengths of their opponent's, the mediator orchestrates a scenario where a guaranteed, albeit uncomfortable, settlement is viewed as a superior alternative to the gamble of a trial.
As years have gone by, the wisdom of that seasoned mediator has proven true many times over. The best settlements are rarely celebrated with champagne; they are met with a sense of relief and a grudging acceptance of a less-than-perfect reality. This discomfort is the price of finality and the avoidance of a potentially worse outcome in court. As a young lawyer, internalizing this lesson changed my approach to mediation. I learned to prepare my clients not for a blissful victory, but for a necessary compromise, guided by a neutral third party committed to finding that precise point of mutual, productive unhappiness that settles a case for good.