Mediation is an alternative dispute resolution procedure where the parties work together in a private, confidential environment with a neutral third party (mediator) to discuss the facts and circumstances of their dispute to see if they can reach a voluntary agreement on how best to resolve their issues.  It is likely the most frequently employed alternative dispute resolution procedure (largely due to court mandates) by which people resolve their disputes across the United States today.

Some of the main reasons why mediation so frequently results in settlement are (1) the high cost of court room battles, (2) the lengthy time periods it generally takes courts to decide cases and (3) the uncertainties concerning what the ultimate outcome of litigation will be.  While such considerations are important, they do not tend to focus parties on the real benefits of mediation.  As a result, many participants in mediation feel shoe-horned into resolving their dispute in unsatisfactory manners.   Sometimes this results in breaches of the settlement agreement that lead right back to court.  Other times, the parties’ dissatisfaction plagues their post-settlement relations in manners that adversely affect their lives for years.  Either way, such mediated resolutions cannot be considered a success.

Successful mediations result when the parties recognize that ONLY they have the power to  fashion a resolution to their dispute that will truly be satisfactory.   This truth is critical, but seldom considered by those engaged in mediation.  The reasons why only the parties can reach a truly acceptable resolution are quite simple.  First, courts only have limited powers.  Frequently, the relief that would be most satisfactory the courts do not even have power to grant.  Second, no one knows the issues in dispute as intimately as the parties.  Judges and juries on their best days are rarely, if ever, going to be able truly put themselves into the parties’ shoes to be able to see how the judgments they render and the relief they grant will affect the parties.  Finally, it is only the parties who actually know the truth concerning the issues in dispute and the truth is the cornerstone of any satisfactory solution.  No solution that is ever based upon a lie will every truly satisfy, even though the lie may be to the advantage of one or another party.  When the warring parties recognize this, they can often work together in ways that they would never have imagined to fashion settlements that are durable and satisfactory.  This is when the full power of a mediated resolution is manifested.

If you desire to successful mediate your dispute, rather than just resolve your dispute through mediation, then the most important decision you will make is who you choose to mediate your dispute.  Selecting a mediator is a very personal decision.  Some of the factors that we recommend you consider include:

1. The parties’ confidence in the personal integrity/impartiality of the mediator.
2. The mediator’s knowledge of the relevant law and ability to provide impartial feedback on the relative merits of parties’ positions as they relate to the court where the dispute will ultimately be decided if mediation fails.
3. The willingness and capacity of the mediator to understand the human side of the conflict and properly account for those dynamics in helping the parties fashion a durable solution.
4. The mediator’s ability to see, typically before the parties do, the place where a mutually satisfactory resolution can likely be reached and to help the parties find that place.

If you believe that Attorney Atherton can help resolve your dispute, please give us a call.  We may be able to mediate your dispute in person or virtually via Zoom or some other means.