tag:blogger.com,1999:blog-1284932127482519901.post3898633899757666..comments2008-05-09T21:49:41.331-07:00Nancy E. Hudginshttp://www.blogger.com/profile/09967982434437750196neh@hudginslaw.comBlogger3125tag:blogger.com,1999:blog-1284932127482519901.post-38493266082824133902008-05-09T21:49:41.331-07:002008-05-09T21:49:41.331-07:00John and Chris:<BR/>Thanks for your comments.<BR/>I agree that voluntary settlements always produce something of value for each side. I'm also suggesting that as mediators, we might be able to find more value. And if there is more value to be found, then asking lawyers to think about it ahead of time can be valuable, too.<BR/>Best,<BR/>NancyNancy E. Hudginshttp://www.blogger.com/profile/09967982434437750196noreply@blogger.comtag:blogger.com,1999:blog-1284932127482519901.post-41483208804146956512008-05-07T08:14:19.758-07:002008-05-07T08:14:19.758-07:00Nancy, your post suggests to me, as a mediator, that I should be more pointed in asking questions, such as how can you create value, in my pre-mediation communications with the parties. Party preparation for a mediation can be facilitated by the mediator.<BR/><BR/>Chris<BR/>http://mediation-meditations.blogspot.com/Christian S. Herzeca, Esq.http://www.blogger.com/profile/09913237226503475709noreply@blogger.comtag:blogger.com,1999:blog-1284932127482519901.post-46018912150826830312008-05-07T04:09:48.600-07:002008-05-07T04:09:48.600-07:00Nancy:<BR/><BR/>Good post!<BR/><BR/>Even in the straight "Show-me-the money-don't-prattle-about-pies" mediation, a voluntary settlement, like any voluntary transaction, always creates value; while a litigated result is almost always zero-sum. <BR/><BR/>E.g., to the buyer in a car purchase, the car is always worth more than the money given up to buy it; otherwise the buyer would not have made the deal. Conversely, the money is always worth more than the car to the seller; otherwise, why be in business? <BR/><BR/>Likewise, in an "eyes-open" voluntary settlement of a money dispute, the settlement has to be better for both parties than not settling would have been.John Lasseymediationstuff.blogspot.comnoreply@blogger.com