Some mediators believe their primary job is to relay offers back and forth between the parties, and let the parties develop each proposal. Other mediators believe they can be most successful when they guide the parties firmly in evaluating proposals and each party’s arguments, and by predicting litigation outcomes. Both of these approaches can be effective or unhelpful, depending on the lawyers and the parties and the nature of the disputes.
My Philosophy
My philosophy is to try to balance these approaches, and adjust based on what I learn in preliminary conferences and as I observe what the lawyers and the parties seem to want during the mediation session itself.
In other words, I believe in being much more actively engaged than some mediators – asking questions, listening to the different perspectives, understanding what outcomes will be needed, helping develop proposals, working to find alternatives when negotiations get stuck. At the same time, I strongly believe in letting the parties and their lawyers determine for themselves how to proceed, while trying to provide an environment that is respectful, open-minded, encouraging and transparent.
If I am asked for my predictions about possible litigation outcomes, I will try to be sufficiently informed to give useful responses. But otherwise, the attorneys usually know the strengths and weaknesses of their positions, and I can be helpful by maintaining neutrality and being non-judgmental.