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Helping heavy topics land softly
Lawyers are Heroes. Mediators working with private parties and their Attorneys can often close conflicts quickly? This can lower stress, reduce time lost from work, strengthen relationships, and reduce fees.
“The notion that most people want black-robed judges, well-dressed lawyers, and fine paneled courtrooms as the setting to resolve their dispute is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.” US Supreme Court Justice Warren Burger
Discourage litigation. Persuade your neighbors to compromise whenever you can. – Abe Lincoln
Consider seeking Attorneys with specialized knowledge for the dispute you are sorting. Know that Mediation is an approach to dispute resolution. Mediators come from all walks of life.
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“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.”
US Supreme Court Justice Sandra Day O’Connor
What are the characteristics of a successful Mediation? It depends on how you view Mediation. Mediator/Trainer Katherine Graham says an average 85% of Mediations reach sustainable resolutions.
She highlighted that successful Mediations share these traits:
“I would rather have a calibrated conversation before I give up my power and have an adversarial court case. When the best negotiations stall, the Mediation process enables parties to assertively focus on their own interests while a Mediator manages the process. Mediation empowers parties to learn more things about their own positions and discover motivations from the other side.”
It has been demonstrated over and over that Mediation as a first approach to stalled negotiations, as well as for business, family, governmental and academic disputes is faster, less expensive and less stressful than litigation (going to court). It is wise to look at available approaches and as needed, consult an Attorney to help set your resolution strategy. Srdan Šimac, Ph. D., judge of the High Commercial Court of the Republic of Croatia and President of Croatian Mediation Association, is among the leading Croatian mediation pioneers. In late 2020 he shared a thought from a colleague that offered that usually lawyers who tell clients their case isn’t ‘right’ for mediation are often not the ‘right’ lawyer for their client’s case. Which Attorneys in your area have completed formal Mediation training?
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