Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

Fortunately, impasses in mediation do not occur often. But they do occur, and the mediator is always left wondering how the case finally resolved. Did the defendant get a verdict? Was the verdict more or less than the last offer? Did the plaintiff receive a verdict? Did the jury bring back more or less than the last demand? Was the No Fault Threshold met? How much, if any, comparative negligence was found?

I realize attorneys are busy, as busy as us mediators, and they may have little interest in taking the time to let us know how it all came out. But think about this—

While all attorneys, whether advocates or mediators, recognize the unpredictability of jury trials, we are aware that between the high and low extremes is a range that all of us think about during mediation. While supreme optimism sometimes reigns, on one side or the other, often frustrating the likelihood of a settlement agreement, most of us have at least a general idea of what might happen when the case goes to the fact finder.

"Reality check" is a term often used by mediators. The ultimate reality check, however, is rendered by the jury (or judge in a bench trial), and, when it comes in, attorneys on both sides experience an enlightened awareness. The same reality emerges from a voluntary settlement. In either instance, the knowledge gained influences, at least to some degree, the attorneys’ evaluations of future cases.

So, why not share that negative or positive enlightenment with the mediator? He or she also gains some insight into the evaluation process, and it can help us better assist the parties in future mediations.

My suggestion to counsel: Upon the resolution of a case, whether by trial or voluntary settlement, ask your secretary to make a quick call to the mediator and give him or her the final figure. While the “losing” attorney, in a given case, may be reluctant to convey such information, the “winning” attorney should be more than happy to do so.

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