High levels of emotion, for example in boundary disputes between neighbours, or inheritance disputes within families, can cause rationality to fly out of the window. How often have I marvelled (despaired!) at the last 5cm strip of land standing in the way of resolution of a boundary dispute, or the destination of a modestly priced heirloom preventing the settlement of a multi-million pound estate between rival siblings.
In such cases, where the dispute is bitter and long-running, it rarely pays to bring the protagonists together in the same room. But the lawyers should work together and building a respectful and professional relationship with your opposite number prior to the mediation can work wonders on the day. If the protagonists can’t meet for rational and courteous discussions about options for settlement, the lawyers can work together collaboratively with the mediator to this end. Where passions run high, legal teams will best help their clients by working together dispassionately.