The court case in the United States referred to below stated the following-
"After working at A.B. Data for four months, MB charged the firm with sex discrimination. The EEOC arranged for mediation in which, after an initial joint session, the parties separated and a go-between relayed offers. In a separate room mediation, each side (including attorneys and assistants) stays in its own room. The intermediary shuffles between rooms
Many mediators believe that this approach prevents tempers from erupting, allows each side to discuss its own position candidly without the adversary’s presence, and facilitates careful deliberation and compromise. But on receiving a settlement proposal that he thought too low, MB stormed into the room occupied by his employer’s representatives and said loudly: “You can take your proposal and shove it up your ass and fire me and I’ll see you in court.” MB stalked out, leaving the employer’s representatives
shaken."
I wonder if this would have happened if the mediation was face to face. Would MB’s temper have erupted if he had been able to speak directly to the employer's representative? Did it erupt because of his frustration at not being able to speak directly about his issues?
In the United States Court of Appeals
For the Seventh Circuit
No. 13-1166
MICHAEL A. BENES, Plaintiff-Appellant,
v.A.B. DATA, LTD., Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Wisconsin.
No. 10-CV-1092—Patricia J. Gorence, Magistrate Judge.
ARGUED JULY 9, 2013—DECIDED JULY 26, 2013
"After working at A.B. Data for four months, MB charged the firm with sex discrimination. The EEOC arranged for mediation in which, after an initial joint session, the parties separated and a go-between relayed offers. In a separate room mediation, each side (including attorneys and assistants) stays in its own room. The intermediary shuffles between rooms
Many mediators believe that this approach prevents tempers from erupting, allows each side to discuss its own position candidly without the adversary’s presence, and facilitates careful deliberation and compromise. But on receiving a settlement proposal that he thought too low, MB stormed into the room occupied by his employer’s representatives and said loudly: “You can take your proposal and shove it up your ass and fire me and I’ll see you in court.” MB stalked out, leaving the employer’s representatives
shaken."
I wonder if this would have happened if the mediation was face to face. Would MB’s temper have erupted if he had been able to speak directly to the employer's representative? Did it erupt because of his frustration at not being able to speak directly about his issues?
In the United States Court of Appeals
For the Seventh Circuit
No. 13-1166
MICHAEL A. BENES, Plaintiff-Appellant,
v.A.B. DATA, LTD., Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Wisconsin.
No. 10-CV-1092—Patricia J. Gorence, Magistrate Judge.
ARGUED JULY 9, 2013—DECIDED JULY 26, 2013