Mediating conflict

Perhaps the core question for parties in mediation is: Do you want to engage in a real conversation about resolving this dispute? Alternatively, do you want to debate and then lob offers and counteroffers back and forth? I work with the former.

I approaching mediation with the expectation that Parties want to engage in a useful conversation – a real alternative to court. Using this perspective, Parties and counsel spend most time together in a mediated discussion, taking breaks from time to time to discuss as a team how to move forward. So I work to:

  • Help clarify the choices that the parties face
  • To keep the power of resolution with the parties, not the mediator
  • Reduce the risk and adverse effects of litigation
  • Discourage the customary “settlement culture” that impedes effective resolution
  • Improve communications and the exchange of necessary information
  • Enhance the development of resolution options
  • Help the parties better understand how to improve settlement decisions
  • Assist the parties, as mediator, in identifying and avoiding likely decision-making errors
  • Recognize the implications of difficult conversations in settlement negotiations
  • Encourage thoughtful and thorough preparation

Characteristics of a mediated conversation

Analytic mediation

Some other resources:

A mediation agreement in MS Word

 

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