It is true that a large part of mediation involves negotiation and problem solving skills; thus mediators with skills in those areas can probably help with problems in many areas in which they don't have a strong
substantive background.
At the same time we
believe based on our experience that a mediator with business experience
and expertise is much more likely to assist in identifying the broadest
range of settlement options in business disputes, thereby maximizing the
opportunity for a win/win solution.
I’m an individual involved in a dispute with a business; given your business backgrounds, why would I want to choose you as a
mediator?
This is a great question. The vast majority of mediators come to mediation having lived a previous life. Some have been plaintiffs lawyers, some
have been insurance attorneys. In fact, many mediators continue their private practice where they may primarily represent plaintiffs or defendants in certain kinds of suits.
But far from creating a problem, this experience actually helps. Remember that a mediator is not a decision maker. He or she is a neutral who
attempts to facilitate agreement. In our case, having come from strong business and corporate backgrounds we understand the way business people think, and are able to frame issues and solutions in ways which make sense to them.
So, we’re able to identify solutions to problems involving businesses, regardless of which side of the fence you’re sitting on.
Does mediation really work?
The most important advantage of mediation is the fact that the parties have control over their destiny. The litigants actually help fashion the final
decision as opposed to a trial where a judge or jury simply imposes a result on the parties. Mediation will not work all the time, but it does work a high percentage of the time.
Even when mediation appears to have had limited success, it seems to continue to have effects. A 1999 Random Access study showed an 80% success rate for mediation, then tracked the 20% that did not seem to have succeeded for an
additional 2 years. Forty-one percent of the cases in which mediation cases did not appear to have been successful were settled out of court.
Back to Top
