I responded to the question by saying that I thought it was a shame after two days of mediation that the parties had not learned a better way to resolve conflicts. Presumably the parties came to mediation the first time because they thought it would enable them to achieve a cheaper or faster or in some other way superior means of resolving the dispute over the allocation of their marital property. Why wasn't their first thought to go back to mediation a second time to resolve this new dispute? Presumably the parties should have gained some experience in two days of mediation that would encourage them to seek a mutually agreeable resolution, instead of each seeking to win at the expense of the other. Why did they revert to a "fight or flight" response as soon as they were presented with a new challenge?
We are seeing an increasing number of cases seeking to set aside agreements reached in mediation. To me, that indicates that mediation is not always succeeding in instilling in parties the values that mediation is supposed to teach. Instead we are using mediation to cajole parties into fragile settlement agreements to which they are not fully reconciled. Settlement is unquestionably an important goal of mediation. But perhaps more importantly, mediation should aim at helping people view conflict as an opportunity to understand and satisfy both sides' interests and needs, rather than as an excuse to descend into a destructive cycle of blame and recrimination.