There are many opportunities for mediation, even in the “traditional” legal process. There are many attorneys who are trained in mediation techniques and many are exceptionally good at helping parties craft a workable agreement.

But my approach is different.

Mediation typically is a process of negotiation.

• The parties’ attorneys stake out their positions on a given issue, ask for more than they are entitled to, then, through the help of the mediator, negotiate to a compromised position.
• This give and take process furthers the adversarial nature of the dispute and makes the entire process seem more like a competition.
• Parties frequently feel like they have “won” or “lost” on a particular issue or sometimes on the agreement entirely.
• Decisions are often made on that basis or simply because parties are worn down by the back and forth nature of resolving several individual issues in what is typically a day-long session.
• Ultimately, they may arrive at an agreement that allows them to avoid having the dispute resolved by a judge, but the process has frequently caused even more animosity and resentment.

My approach is different. The issue that is always on my mind is preserving or repairing the relationship. I don’t just want to resolve the dispute – a judge could do that, as could most mediators.

Instead, I want to find solutions that allow the parties to carry on their relationship despite the dispute, or, where relationships have been harmed as a result of the dispute, put the parties in the best position to seek reconciliation and repair the relationship. This broader focus not only encourages amicable resolutions of disputes but allows the parties to move forward in a cooperative manner.

For more approach about my approach check out the blog or contact me setup a time to discuss mediation.