The difficulty and challenge of mediation is that people who disagree, must come to agreement. Your client may not always be "ecstatic" about a settlement, but at least must not feel like a "loser". This takes more work and more creativity than making winners and losers. A key appeal of mediation is that...

"It’s not a deal until YOUR CLIENT says it’s a deal."

But this feature also requires the listening, give-and-take, and creativity of mediation, because... "It’s not a deal until THEY (the opposition) say it’s a deal", too.

When should your client accept a settlement offer?

• Discourage your client from accepting a deal that is worse than the most likely alternative (including time, stress, uncertainty, and cost associated with not settling).
• But also don’t let emotions cause your client to reject offers that are better than the likely alternative.
• Help the mediator and parties craft an agreement that is also better than your opponent’s likely alternative. Don’t expect the opposition to accept a deal that is not better for them than their alternative.
• Don’t let your client "cave in" too soon to pressure; but also don’t let them "hold out" too long and miss a chance to improve on their situation.

Often the final "gap" is small but most difficult to bridge in reaching a "mutually acceptable" answer. If an impasse threatens, determine: What is THE Barrier? Where? How can it be overcome?

• Limited authority? Call in a more authoritative person.
• Too far apart? Get an independent evaluation, agree on a criteria, look for a new and more creative solution.
• Parties too emotional? Take a recess.
• Encourage the mediator to propose a solution in private or joint session
• Encourage the mediator to have a frank "reality check" with (especially the opposing) client.
• Reach a partial agreement and arbitrate (or mediate again) remaining unresolved issues