ABSTRACT

The goal of any good mediator is to not only achieve settlement, but to make sure the settlement is viable and that remorse does not settle in and cause one party or the other to back away from the settlement. To do this the mediator must make sure that the decisions made in the mediation are fully understood by the parties making them and avoiding the common mistakes made by parties to a mediation. The ve most common mistakes are:

Procrastinating: the ght-or-ight concept discussed earlier really comes into play here. Why decide, it is easier to run away, to procrastinate. Making decisions are dicult, so parties to a mediation will try to postpone any decision not realising that deciding to postpone the decision is a decision in and of itself and rarely results in any settlement.