Mediations often require navigating a tangle of emotions, facts, and competing interests. This truth became vividly clear in a recent case I mediated—one that exemplifies why a full-day mediation can be crucial for resolving challenging disputes.
The case began with a plaintiff who was taking things personally. They had high numbers in mind, driven not just by financial calculations but by an emotional need to feel validated. On the other side, there were two defendants who couldn’t see eye-to-eye. Their disagreement over liability created a rift that made collaboration seem impossible. The scene was set for a long and difficult day.
The Anatomy of a Challenging Case
When we started, the plaintiff was adamant about their position, viewing the defendants’ offers as personal affronts rather than negotiation points. The defendants, meanwhile, spent just as much energy debating each other’s assessments of the file as they did engaging with the plaintiff. The room was tense, and progress felt like pushing a boulder uphill.
It was clear early on that a half-day session would never have sufficed. The dynamics were too intricate, the emotions too charged, and the stakes too high. This was a case that demanded time, patience, and persistence—everything a full-day mediation provides.
Why Full-Day Mediations Matter
- Time to Address Complex Emotions Throughout the day, I spent time separately with each party, helping them unpack their perspectives. For the plaintiff, this meant creating a safe space to express their frustrations and concerns while gently challenging their expectations. For the defendants, it required facilitating difficult conversations about their conflicting liability assessments. Without the luxury of time, these conversations would have remained superficial, leaving key issues unresolved.
- Building Trust and Momentum As the hours passed, the tone shifted. By mid-afternoon, the plaintiff began to see that settlement wasn’t about conceding defeat but finding a practical path forward. Meanwhile, the defendants started to collaborate more effectively, realizing that their mutual interests outweighed their differences. These shifts didn’t happen quickly; they required the full day to develop the trust and momentum necessary for meaningful dialogue.
- Allowing Space for Detailed Negotiations By early evening, we had narrowed the gaps significantly, but the deal wasn’t yet done. Offers and counteroffers had been refined multiple times, and while we made progress, there was still work to do. The extra time allowed us to dig into the details—examining contingencies, clarifying terms, and ensuring no stone was left unturned.
- Follow-Up for the Final Push Despite everyone’s best efforts, we couldn’t finalize the settlement that day. But because the groundwork had been laid so thoroughly, follow-up negotiations were productive. Over the next week, I stayed in contact with all parties, nudging them toward compromise. Ultimately, a settlement was reached that all sides could live with.
When a Full Day Makes Sense
This case was a reminder of when a full-day mediation is most beneficial:
- Complex Cases: Multiple parties, conflicting perspectives, and intricate liability issues often require a deep dive to unravel.
- Challenging Parties: Strong emotions and unrealistic expectations need time and careful attention to shift toward resolution.
- High Stakes: Significant financial or emotional implications call for a comprehensive exploration of every angle.
- Detailed Negotiations: When back-and-forth discussions are inevitable, a full day ensures that there’s enough time to refine and finalize terms.
The Case for Full-Day Mediations
Had we attempted to mediate this case in a half-day, we might have scratched the surface, but we never would have achieved a resolution. The plaintiff’s emotions would have remained unaddressed, the defendants’ internal disputes unresolved, and the settlement a distant possibility. By committing to a full day, we created the space needed to tackle the hard issues head-on, build trust, and ultimately find common ground.
Sometimes, even a full day isn’t enough to reach the finish line. But as this case demonstrated, it can provide the foundation for successful follow-up and a lasting resolution. Full-day mediations offer the time and depth necessary to navigate the complexities of challenging disputes, turning seemingly insurmountable obstacles into opportunities for agreement.
If you find yourself facing a difficult case, consider the value of a full-day mediation. It’s an investment in time and resources, but one that can pay off with settlements that might otherwise remain out of reach.
ABOUT THE AUTHOR
Marshall Schnapp, BA, JD, LLM (ADR) has been resolving disputes for over 10 years as a mediator and has extensive experience in adjudication as well. Clients consistently recommend Marshall for his upbeat, tenacious attitude, and the skills he has honed helping resolve thousands of matters.
Get in touch with Marshall by email at marshall@schnappmediation.com or by telephone (647) 250-7216 today to set up a consultation, and see why he is the right mediator for your next file. For booking availability, please visit https://schnappmediation.com/calendar-2/ or contact Lacey Day at lacey@schnappmediation.com or (647) 250-7216.
