The Power of Emotions

Litigation (or, really, any sort of dispute) usually involves a high degree of emotions. While some cases might be presumed to be nothing more than “just numbers”, the majority of them — regardless of subject area — involve human emotions. Why? Because humans are involved.

One of the secrets to moving a case toward a negotiated resolution is to acknowledge and, then, process those emotions. That is best done by encouraging “the parties to engage in mutual recognition of each other’s right to their unique perspective and interests underlying the dispute.” As Southern California neutral Jan Frankel Schau notes, bringing recognition to the human facet of conflict allows for the opportunity to move forward and resolve.

When mediating, parties that can take that mental and emotional step forward are the ones who have a higher likelihood of settlement.

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