The potential of mediation emerges when the parties realise there are means to advance their respective interests without unduly prejudicing the other party.
The article is about Napoleon's invasion of Russia and the Battle of Borodino 200 years ago and the similarities between warfare and litigation. Napoleon said a man would fight harder for his interests than for his rights. So how does this affect our understanding of mediation?
In litigation the international trend is that more than 90% of cases are settled out of court through negotiations. Litigators generally follow Napoleon's dispute resolution strategy to intimidate the other party to negotiate a settlement. In most cases the settlement occurs on the steps of the court.
While it is fair to say that in litigation, disputes are generally resolved through a show of force, it may sometimes be the only way to bring the other party to the negotiating table. But companies and individuals who litigate (or arbitrate) without first attempting joint problem solving through mediation, may rue their own Borodino moment one day.
//http://www.lawweb.in/2013/01/the-potential-of-mediation-emerges-when.html