My mediation thoughts from 2020
MEDIATION REALITY AS IT IS...
The fact that lawyers recommend mediation to their clients marks a significant stride in the development of both mediation and the entire dispute resolution system. However, some lawyers enter mediation with the assumption that the mediator will adopt a laissez-faire attitude, providing them with a genuine chance to persuade the other party to make what they deem as the only fair decision.
Mediator is NEUTRAL, NEUTRAL, NEUTRAL!
If lawyers bring their clients with predetermined minds, it hinders progress, whether in mediation or in court. In court proceedings, the outcome is utterly unpredictable, and one can never be certain of the other party's hidden strategies. Even if you are 75% confident of winning a legal case, it's impossible for it to be considered four times and won three out of them. You either win or lose, a decision made by the court, not by you. Only mediation offers the freedom of choice and the right to self-determination in the decision-making process if you are willing to NEGOTIATE.
Everything that unfolds in mediation before the bargaining stage aids parties in gaining deeper insights into the subject matter of the dispute and finding answers to previously unclear questions. The information gathered during the mediation process proves immensely beneficial for lawyers in assessing the strengths and weaknesses of their clients' legal positions. Moreover, these strengths and weaknesses are often exposed during the initial mediation session, even without the mediator's explicit commentary.
It is commendable when lawyers recognize the significance of this phase of the mediation process and leverage it for the benefit of their clients. In cases involving financial matters, as the bargaining stage commences, participants must grasp the value of the groundwork already laid. It's imperative to be willing to move closer to each other. If this doesn't occur, then what was the purpose of initiating the mediation process?
Certainly, professional mediators are equipped with an array of tools and approaches for handling entrenched positions, but a mediator is not a magician; a mediator is the conductor of the negotiation process. The lawyers of the parties hold the responsibility for the "music" in mediation, and the process greatly benefits when they acknowledge the importance of this role.
#Mediation #Bargaining #Session
#Lawyers #Mediator #Process #Role