Summary
A brand and authority piece that uses a football analogy to make a practical point about mediation: unlike a game with four timed quarters, mediation has no clock, so a slow or disappointing early offer is not a sign of failure. It explains why parties rarely lead with their best offer, what a pause usually means, and how Outside Chief Legal's litigation team prepares clients before, during, and after mediation. Closes with an invitation to schedule a Risk-Free Strategy Session.
By: William R. Lancaster, Litigator – Outside Chief Legal LLC
Fall is finally here – although the weather in Mobile may still insist it is summer – and that means football.
And what does football make me think of?
Mediation, of course.
When I hear John Ward’s iconic, “It’s football time in Tennessee!” I think about competing positions, frank discussions, negotiation, and trying to hammer out a resolution. In that sense, it may be mediation time in Mobile, too.
I know, I know. It is a bit of a stretch.
Still, football does remind me of mediation in at least one important way: two sides are working hard to accomplish their respective goals. But mediation is also different from football in several significant ways.
The biggest difference?
There is no game clock.
In football, you have four quarters – whether 15, 10, or 8 minutes – to get the job done, assuming there is no overtime. The clock is always running, and eventually, time expires.
Mediation does not work that way.
There is no scoreboard countdown telling the parties they have only a few minutes left to make a meaningful move. There is no need to panic because the other side’s response is not as close to your position as you hoped. There is no need to assume the process has failed because the other side is taking too long, or, occasionally, not long enough, to respond.
You still get the ball back.
More importantly, what you do next can still affect the outcome.
Most parties do not make their best offer first. Mediation often requires the parties to exchange information, test assumptions, reassess risk, and learn what the other side may realistically be willing to do. That process can take time.
A counteroffer that feels disappointing may still provide useful information. A pause in negotiations may mean the other side is consulting with an insurer, decision-maker, business partner, or attorney. A difficult conversation may be necessary before either side can move toward a number or set of terms that makes sense.
That is why patience matters.
Mediation is probably more like baseball than football. There is no game clock. The pressure usually comes from the parties themselves – their frustration, their expectations, the cost of continuing the dispute, or the desire to reach a result before more time and resources are spent.
But a mediation is not over simply because the first few offers are far apart.
As Yogi Berra reportedly said, “It ain’t over till it’s over.”
A Practical Mediation Approach
At Outside Chief Legal, we help business owners and leadership teams approach mediation with more than just a settlement number in mind.
A productive mediation requires preparation. That may include understanding the legal issues, evaluating potential exposure, identifying business and operational concerns, reviewing insurance or contractual obligations, preparing the right decision-makers, and considering what a workable resolution would actually require after the mediation ends.
Our litigation team works with clients before, during, and after mediation to assess risk, communicate clearly, and pursue practical outcomes that protect the business moving forward. Sometimes that means reaching a settlement. Sometimes it means recognizing that more information, a different proposal, or continued litigation is necessary.
The goal is not to rush because an offer feels uncomfortable. The goal is to make thoughtful decisions with a clear understanding of the available options.
Outside Chief Legal LLC is a modern, forward-thinking law firm serving as fractional chief legal officers and outside general counsel for businesses and their owners. With nearly 200 years of combined litigation, in-house, general counsel, and administrative legal experience, OCL delivers approachable, comprehensive counsel that combines legal knowledge with practical business insight. We help founders, business owners, and leadership teams navigate legal and operational challenges with confidence. Learn more about our firm, meet our team, or schedule a Risk-Free Strategy Session to discuss how we can help your company.
General information, not legal advice.
Our Corporate/Business Counsel Services
Outside Chief Legal LLC is a modern, forward-thinking law firm serving as fractional chief legal officers and outside general counsel for businesses and their owners. With over 200 years of combined litigation, in-house, general counsel, and administrative legal experience, the firm delivers approachable, comprehensive counsel that blends legal expertise with practical business insight to help clients navigate ownership complexities with confidence. OCL is a trusted partner for founders, business owners, and leadership teams nationwide. Learn more about our firm, meet our team, or schedule a Risk-Free Strategy Session to talk with an attorney about how we can help your company.
