Mediation (Alternative Dispute Resolution) Scenario

Apple has sued Bumblebee for damages for failing to repair his car properly. As a result of the poor repair job, Apple was inconvenienced and lost time and pay from work. In joint session of mediation, Bumblebee, the mechanic, seems to have only poor explanations for Apple. In caucus session of mediation, Bumblebee concedes to you, the mediator, that the new assistant mechanic she hired, Cabbage, may not have been up to the job, and probably, Cabbage should not have been assigned to repair Apple's car. Bumblebee, however, does not want to pay much money, if any at all, to settle Apple's claim.

1.What are some reasons Bumblebee might not be willing to apologize to Apple?

2.Assume that you have detected that Apple, while wanting money for his trouble, also has an interest in being treated better than Bumblebee has evidenced to date.

In caucusing with Apple, you have learned that, if Bublebee were to apologize to Apple, this might generate movement on Apple's part toward settlement. Having gained this information from Apple in caucus, how would you proceed?

3.To what extent would you as a mediator be comfortable "coaching" Bumblebee on the actual words to use? How much help would you offer, and why?

4.Suppose Bumblebee offers to make an insincere apology- in caucus Bumblebee says to you: "I'll say anything Apple wants to hear if it will end this without me having to pay. I guess I don't have to mean it." What is your internal (private) reaction to this as the mediator? (Assume you know that an insincere apology will be helpful in moving both parties toward settlement.) What would you say to Bumblebee, and why?