Mediator Tips
The 80/20 Rule

An understanding of the 80/20 rule can help you to avoid frustrations in a mediation when it seems as though the parties aren't making any progress. Basically, the rule says that 80% of the progress the parties will eventually make occurs within the last 20% of the process. The majority of mediation, even when you get past the introduction and storytelling phases, will be dedicated more towards framing the issues and getting a better understanding of the disputed facts in the case. While it may seem obvious that progress occurs at the end, you will be surprised at how often a mediation will follow the 80/20 rule. The point is that you can't expect there to be a gradual progression towards the end agreement, but should focus more on facilitating the discussion. As the Center teaches, a good mediation will often follow the Transformative approach, where the solution will follow naturally from the discussion, especially when the parties see the point of view of the other. Try going into a mediation keeping the 80/20 rule in mind and see how that affects both your mediation style and opinion of how well a mediation is going.