Mediation

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Mediation vs Litigation

By Bob Carver

Why Mediate?

Mediators are nonadjudicative problem solvers. Unlike judges and decision makers, they present alternative and creative solutions so that the parties can negotiate their own decisions. Mediation helps:

Both parties save face.
Avoid some of the anxiety and uncertainty of a trial.
Save one party the disappointment of losing.

Mediation can also:

Save time and money.
Make decisions easier to live with.
Help avoid having embarrassing details become public.

Choosing a mediator

Mediators are therapists or attorneys as well as everyday business people. They should be trained in mediation and stay in their field of expertise. It would be better to choose a mediator who has financial and/or business experience to mediate a business issue while a therapist or psychologist might be best for divorce or child custody mediation.

If you know your opponent's weak points, choosing the correct mediator will give you an advantage. For example, if your opponent is intimidated by authority, choose a mediator with an authoritative air. If your opponent is more likely to be appeased by an empathetic mediator, choose someone who can allow free expression of the issues and feelings, then show empathy.

Should attorneys be present?

If the issues are quite complex, attorneys are often necessary. You might also want attorneys present if your opponent's lawyer can influence and help control his/her client's anger, hostility, or unreasonableness.

You probably don't want attorneys present if your opponent's attorney has a win-lose or extremely aggressive attitude.

Join us next issue when we continue to examine mediation.

Bob

Bob Carver is a mediator, a licensed counselor and a Dallas psychotherapist. You can reach him be calling metro 972 622-1197.

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