"You should have left hours ago!"
This was a comment from a well-meaning local on a recent holiday. She was worried I might run into a moose while driving back to my lodging at dusk. The time of day, plus an oncoming storm, were not ideal driving conditions. But the suggestion to leave earlier was obviously not going to happen.
Solutions are clear in hindsight. Parties to a mediation can get bogged down by what should have happened or what they wish had been done differently in their case. The challenge is to focus on what is possible now, notwithstanding the past.
Being constrained by the limits of space and time, I asked the well-intentioned local for advice about how to navigate the trip back as safely as possible. The ride was uneventful (in moose terms, anyway. The recommended road was more potholes than asphalt!), and we made it back safely.
Litigation often arises from undesirable circumstances. Both the dispute and the conduct of a lawsuit can fuel an endless loop of grievances.
Mediation is most effective when litigants can release the past and focus on the future. When possibilities, ideal or not, are fully explored until a workable (not perfect) solution is found.
Moose exist. We drive anyway.
Photo by Jerry Geraldi on Pexels
