Who Is Really the Ultimate Decision Maker?

Many years ago, in 1980, Rush sang "Freewill." One of the lyrics of that tune is "if you choose not to decide, you still have made a choice." That is a line that parties might want to remember when they head to mediation.  So many times, I have heard the mediator caution litigants about the "worst case scenario." That is, the outcome in which all is lost. Mediators then provide the alternative; the pitch is that "today" (the mediation) is your day. At the mediation the parties are in the position to craft their own outcome to their dispute. Th...