What happens when a mediator finds one of the lawyers in the room truly loathsome—and realizes that her own feelings may affect the outcome?
In this episode, mediator and scholar Ellen Waldman tells the story of an unusual breach-of-contract case involving a young couple, a failed kink magazine, and a lawyer determined to convince a jury to “run them out of town.” As the mediation unfolds, Ellen confronts the powerful emotions in the room and shares the technique she used to resolve the case.
The case stayed with Ellen for years, raising difficult questions about mediator neutrality, the hidden forces that shape settlement, and the enormous influence mediators can have, even when they don't intend to.