Who wins, who loses in a mediation?
— Excellent question! If the mediation is conducted under the aegis of a competent mediator, both sides “win” — neither “loses”. That does not mean, however, that both sides walk away from the mediation necessarily happy or content with the outcome. Do you recognize the following phrases? 1) Even a poor settlement is better than the best fight; 2) Each side needs to be at least a little bit unhappy with the result: that means that each side gave up something of value to the other; 3) Closure and certainty are everything!
