As a mediator, I have frequently been confronted with Plaintiff attorneys who come into a mediation session with the attitude that the insurance company is out to negotiate in bad faith to get a low settlement.  I have similarly been confronted by Defendant attorneys who come into the mediation session with the attitude that the Plaintiff is a fraud and doesn’t deserve more than minimal compensation for their injuries.  Neither is an approach that fosters resolution of a claim or advances the interests of either party.  Every party to a mediation, whether a claim representative or an attorney for a plaintiff, has a job.  Every party to a mediation has a goal. Every party to a mediation, is human.  No party to a mediation is “evil”.  It is really counterproductive, in my experience, for attorneys to be accusatory of the other side. We need to go in to mediation with “good faith” which is what we agree to do.  If we can’t get to a resolution, so be it, but attacking the other side lays no foundation for possible resolution later.  There is always the possibility of settlement later if the evidence changes.  I, for one, think it’s better not to burn bridges!