In my employment law mediation practice, I see the same dynamic play out more often than it should. Counsel arrives prepared, the client arrives wanting to settle, and then the other side's opening position lands or something is said in a joint session that feels unfair or one-sided, and the client reacts. Not strategically. Emotionally. That reaction, more than any other single factor, is what prevents or delays a negotiated resolution.
The solution starts with a frank pre-mediation conversation. Review the opposing brief with your client before the mediation date; walk them through the other side's arguments; explain what will likely be said; and prepare them for what the opening offer will feel like. But go further than the numbers – tell your client that they may hear things they strongly disagree with; hear positions that feel incomplete, unfair, or not grounded in the evidence; have to deal with difficult personalities; and tolerate arguments that seem unreasonable. If clients are not prepared for that experience in advance, they will likely interrupt, disengage, or take things personally. Clients who are ready will listen, take notes, and work through counsel. They may not agree with what they hear, but they are less likely to lose focus on the goal. That distinction often determines whether a file settles.