Mediation

Mediation is a process to help two or more people resolve a dispute. It is more an art than a science and is more dependent on the life experience of the mediator than on subject matter expertise. The mediator job is to help each of the parties in a dispute to understand the position of the other party. Often this understanding is needed on multiple levels. Sometimes the dispute is restricted to facts but it can often involve ethics, emotions, damages, or a person’s intent.

Simple disputes usually involve a disagreement about money. When I mediate money disputes, I challenge each party, looking for the strengths and weaknesses in their position. The resolution often comes when each side sees their weaknesses (they usually know and readily articulate their strengths) and understands the risks of going forward with a lawsuit or the consequences of not reaching a resolution. I often shuttle between the parties “arguing” with each disputant as I explain the strengths of the opposition and “attack” their weaknesses. Regardless of my behavior with any party in a dispute, I am always a neutral with regard to the outcome as my goal is resolution, not winning or losing.

In more complex disputes, my challenge is to surface all the issues. Rarely are they all identified at the start of a mediation session and in fact it is often the case that parties have never articulated some of the issues to the dispute prior to the mediation.

As a mediator, I don’t make a decision. The only way I get a dispute resolved is when all the parties reach an agreement, which is my only goal.

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