Flying Pig is an essential tool for facilitative mediators. Faced with outrageously bullish statements by the lawyers for both parties, you have to maintain a poker face in order to be perceived as neutral and impartial. How do you convey to the lawyers and their clients that “There’s simply no doubt that the plaintiff will prevail and the damages will be enormous” and “We will crush you and obtain a verdict for the defendant” might be great on TV but have no place in a commercial mediation?
To deal with this perennial challenge facing facilitative mediators, take Flying Pig to every mediation. At the appropriate time, all you have to do is absently-mindedly pick up Flying Pig and put him in the centre of the table. Stroke his ears a few times and put him down … and the point has been made without your saying a word.
The next thing the plaintiff’s lawyer says will be “Well, we accept that litigation is an uncertain science and that’s why we’re here” and the defendant’s lawyer will say “Of course, my client is prepared to recognise that all Court cases involve risks“. And you’re well on the way to a settlement achieved by both parties compromising away from their opening positions. Thank you, Flying Pig.