Mediation as a Process, Not a One-Day Event

When most people think of mediation, they picture a single day: parties gathering around the table, exchanging offers, and hopefully walking away with a settlement. But experienced litigators and insurance professionals know that the true value of mediation often extends far beyond that one session.

In civil litigation, mediation is best understood as a process, not an isolated event. Even when a file does not resolve at mediation itself, the effort invested in preparation and negotiation can pay dividends in the weeks and months that follow.

The Foundation of Resolution

By the time mediation takes place, counsel and clients have already invested significant time reviewing records, preparing briefs, and clarifying the strengths and weaknesses of their positions. This groundwork isn't wasted if the matter doesn't resolve immediately. It often sharpens the issues and brings both sides closer to a realistic assessment of risk.

The Momentum of Discussion

The mediation table provides a rare forum for candid conversation. Counsel hear one another's priorities, clients experience the dynamic of negotiation firsthand, and settlement ranges start to emerge. Even if the final gap feels too large on the day, those conversations tend to linger. Offers made, arguments tested, and perspectives shared all create momentum that can be revisited later.

The Mediator's Continuing Role

A skilled mediator doesn't disappear when the session ends. Follow-up discussions, renewed negotiations, or even informal check-ins can often bridge the remaining distance. The mediator's neutrality and credibility with both sides allows for progress to continue outside the formal session.

Why It Matters

Understanding mediation as a process helps manage expectations and highlights its strategic value. Settlement may not always happen in the room, but mediation frequently sets the stage for resolution; sometimes just days later, sometimes months. The important part is that it moves the file forward in a way that traditional adversarial steps often cannot.

At Shafman Resolutions, we work with counsel and clients to ensure that mediation is not treated as a one-off event, but as part of a broader path toward resolution. Whether settlement happens on the day or afterwards, the goal is always the same: to help parties find closure with efficiency and fairness.