“I don’t really care if I settle this claim or not!” declared the Claimant while in private caucus.

The mediator responded: “Thanks for letting me know your thoughts about settlement and perhaps we should stop our efforts. However, hearing you say that you don’t really care what happens reminds me of a story I once heard. Let me share it with you.”

A young boy was walking along the beach with his grandfather and came across a large number of starfish washed ashore. The boy started picking them up, wading into the water and tossing the starfish back into the sea. After about 10 minutes, with the grandfather watching, the grandfather said, “Stop, can’t you see that there are too many starfish on the beach. It doesn’t matter if you keep throwing them back.”

The little boy looked at the starfish in his hand and then back at his grandfather and said - “It matters to this one.”

The mediator ended his story and waited.

The claimant was silent for a moment and then spoke up. “You know, I think it does matter to me about getting this case settled today. Can we keep working on this?”

Mediation with Roy Baroff is about helping participants make decisions.
It’s about analyzing risk and making decisions accordingly.
It’s creative, dynamic and thoughtful.
It’s about making the most of your mediation experience.

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