This is one of the most common myths floating around and often propagated by friends, relatives and attorneys advising the clients. Sometimes vested interests also cannot be ruled out in such cases. In fact, to the contrary, an offer to mediate is an indication of maturity and willingness to improve the conflict environment. It is also a signal that the party values the relationship in spite of the current ongoing disagreement or conflict. It could also make good business sense since both parties may just be waiting for the other to blink. Just because someone has taken the initiative does not mean that he has to settle for anything which is not acceptable. Moreover, it also provides an excellent opportunity to hear the other side.
We should not be guided or rather let ourselves be misguided by the assurances that it is an “open and shut” case and the opposition will be crushed and defeated. The attorney on the other side may surprisingly be giving the same assurances to his client. Once the parties are on the mediation table and the discussions have commenced, it is generally forgotten as to who was instrumental in initiating the mediation. The thing to remember is that this myth has often been the source of endless and time-consuming litigation till we reach the stage where it is too late and too much has been lost. So cut your losses and reach out through a mediator. At the end of the day, it may just prove to be the right and timely decision.