I believe in Mediation for a very basic reason. I have seen the process at work, and it works. Like any other process it works best when you know how and when to use it. Based on my experiences with the process I believe that I can give some advise on both points. Having said that, you may ask what my experience is. The answer is that I have personally experienced mediation from all the positions you can occupy at the mediation table. As a certified mediator I have facilitated mediations. As an attorney, I have represented both plaintiffs and defendants in mediation. I have had problems of my own resolved in mediation. From this experience I have distilled five basic questions to ask to be sure that you get the most out of your next mediation experience.
Category Archives: Mediation
Rules of the Game
Before starting an Arbitration Hearing, I have a conference with the attorneys. A principal reasons for that conference is to determine what rules the parties have agreed to follow in this arbitration. When I ask that question, in many cases, the body language of the attorneys indicates that they think I have no idea what I am asking. I go on to explain that there are many sets of rules for arbitration. The parties may, by agreement, adopt any sets of rules. I tell them that if I am going to referee a game, I need to know what game I am refereeing. There are different rules for football depending on whether it is NFL, college, or high school. Why not different rules for different arbitrations?