MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 135
“DON’T GIVE UP. DON’T EVER GIVE UP.” – JIMMY VALVANO
Intensive preparation is a sine qua non for a successful mediation. (See Mediation Messages 42 and 111 for preparation elements.) After that, it’s important that all participants, including the mediator, maintain a positive attitude throughout the mediation’s ups and downs, which will surely occur.
Mediation can produce a combination of emotions – some positive and some not so – because the process, as the discussions progress, can be both uplifting and frustrating. Regardless, it’s essential, even when a successful resolution seems far off, that the attorneys remain hopeful because negativity can lead to letdown and then failure.
Former North Carolina State Coach Jimmy Valvano’s uplifting message, “Don’t give up. Don’t ever give up,” which he made about his failing health, is both a wonderful life lesson and an appropriate mantra for mediation when nothing seems to be working. Thus, all is not lost if a party at a mediation is inflexible or has even packed up and is walking out. (I’ve hustled down to the parking area and brought a party back to the mediation and ultimate resolution.) By remaining reasonable, creative and engaged, no matter what has already occurred, good things are more likely to happen.
Judge Michael D. Marcus (Ret.)
ADR Services, Inc.
1900 Avenue of the Stars, Suite 250
Los Angeles, California 90067
Copyright Michael D. Marcus, July 2017