Mediation can be a productive and rewarding alternative to the courtroom, resolving disputes quickly and efficiently. The following are some thoughts from a Virginia judge with 10 years of mediation experience.
Thoughts From the Mediator
- You can’t fit a square peg into a round hole. In other words, mediation isn’t going to work unless both parties truly want it to. Those entering into mediation should be proactive and engaged, and understand that they are the decision makers.
- A stitch in time saves nine. Finding the appropriate time in the legal process to engage in mediation is essential. One must take into consideration issues of confidentiality, preservation of relationships, and the impact of litigation on the client.
- You catch more flies with honey than vinegar. Rarely does an adversarial, combative attitude help you in mediation. Those that make their points quickly and politely often put themselves in the best position.
- A bird in the hand is worth two in the bush. Trial verdicts are unpredictable, and when taking into account time saved, expense saved and stress avoided, a mediated agreement may be the best approach.
- All things come to those who wait. Though often quicker than going to trial, mediation can be a slow and frustrating process. Staying focused and in the moment is key, as well as keeping an open mind.
- All’s well that ends well. There is something particularly satisfying about having a hand in crafting your own resolution. You have been heard, relationships have been saved, and you have avoided the cost and stress of a trial. All’s well that ends well.
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A representative of Parrish Law Firm, PLLC researched and wrote this article with Mr. Parrish’s consent. If you have any questions regarding the legal implications of what you have just read, please send us your question so we can have our attorney review it.