The Mediation Environment
MEDIATION IS A SAFE ZONE
Everything said in mediation is confidential. The parties cannot be cross-examined at trial about things said or positions taken at mediation. The Mediator cannot be subpoenaed to testify at the trial or any hearing in the case. This creates an environment in which the parties can discuss all aspects of the case with complete honesty and candor, and without the fear that their words will be thrown back at them at the courthouse. The Mediator cannot give legal advice, but he can provide unique insights and offer strategies which the parties may not appreciate by being so close to the case.
MEDIATION IS FOCUSED
Unlike you, your attorney has many different cases that he or she is handling for a variety of clients at any given time. You have only one case—the case being mediated. Mediation creates an environment in which busy attorneys (and busy clients) can set aside a block of time dedicated to only one thing—the compromise and settlement of the matter at hand. One reason that mediation works is the fact that, for one day, the only matter to be addressed is the case at hand. This freedom to focus on one case, and one case only, is one reason that mediation works.
MEDIATION IS A PROCESS
Every mediation has both legal and emotional issues which must be addressed if the case is to settle. The parties typically come to mediation with some history of family dysfunction, distrust, anger, or unresolved feelings of guilt or envy. For mediation to succeed, the parties must be permitted to “unload” their feelings before they can reach the emotional point that they can make a rational business decision to compromise and settle the case. While Russ will not waste your time, he will need time to connect with all sides and persuade them of the advisability of conflict resolution.
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“Kindness is the language which the deaf can hear and the blind can see.”