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
Some other resources:
A mediation agreement in MS Word
