Overheard at the Mitchell household…

Mitch: “What do you think makes me a good mediator?”

Eriko: “Harvard.”

Mitch: *heavy sigh*

My wife is right. Completing Harvard Negotiation Institute’s “Mediating Disputes” was a great learning experience. It’s also a nice credential. But mediation training is singularly insufficient. Participating in dozens of mediations and settlement conferences is also valuable. But experience is, in and of itself, not enough. There are at least three intangibles that distinguish my approach to mediation from those other cats. 

Dollars and Sense. Some cases are merely a matter of hammering out a “number”. But particularly challenging cases demand more than just splitting the difference between the two (too?) extremes of the parties’ respective bargaining ranges. Where parties cannot agree on a number, I redirect the discussion away from money and towards creative but realistic solutions. I draw on years of experience not only as an attorney, but as an award-winning magazine publisher, an amateur poker player, a father and a student of the dharma.

The Seven Ps. I did not make it past the Cub Scouts, but my older brother was an Eagle Scout. He taught me the value of being prepared. Before the parties enter the mediation room, I work to understand not only the parties’ respective positions, but their unique interests that may be implicated in the dispute and the business and legal issues that affect the resolution of the case. Doing more than just reading the briefs is critical to a successful mediation, so I take the time necessary to prepare before settlement discussions begin.

Repeat Customers. In the context of a restaurant or barber shop, repeat customers evidence customer loyalty, which suggests quality customer service, and those are good things. But repeat customers and customer loyalty are NOT desirable qualities for a mediator. The formal job title is “Neutral”, i.e., one who does not align with a particular group or position. If a mediator brags about the law firms for which he or she regularly and repeatedly works, run the other direction. Fast. Regardless if it’s our first or fiftieth time working together, expect nothing from me but impartiality and a dedicated effort to help the parties resolve the case.

If you have a tough dispute that needs more than the same old song and dance, reach out and let’s discuss.