10/24/2012
I Am Not a Lawyer
I am not a lawyer. Lawyers are trained to be advocates, to take the offensive, be totally biased in defending their clients, win! And of course, when representing a client in mediation, the same holds true, no? Well, not really. Many highly skilled attorneys focus on winning exclusively and neglect to understand what their clients really want from the mediation process.
In my conflict resolution classes in graduate school and at training seminars throughout the state, I have been taught to be a neutral. Mediation is about collaboration, the parties and their respective lawyers working together across the table from each other, each having some degree of trust and respect for one another, helping to create an environment conducive to arriving at a settlement while I act as a facilitator, encouraging the parties to share their thoughts and ideas. This can be difficult in a case that has already entered litigation where there is a high degree of animosity in the room, but thru general session and private caucusing, emotions can be brought under control and creative solutions crafted. The good mediator is able to be objective, favoring neither side but listening carefully, helping the parties to be an active part of the resolution.
