• Welcome
  • About
  • ADR
  • Blog
  • Contact

David Fitzsimons

It's Settled, Then.

Back to the Basics – It isn’t all about the mediator in mediation

November 2, 2012 by David Leave a Comment

In so many aspects of our lives in the busy and stressful times it is too easy to get caught up in the moment and find ourselves lost and frustrated that a relatively simple task or procedure appears beyond our grasp. Very often returning to “Basics,” reminding ourselves of our reason for starting the process and some retraining in the fundamentals, can get us back on track.

As a mediator in a complex or even relatively simple mediation, a looming or apparent “impasse” can in fact be “all about me.” The mediator caught up in the flow and temporarily losing detachment that is fundamental to effective neutral mediation may have to step back and reassess the situation. Sometimes some “alone time” (that brief time when each party might believe the mediator is with the other when in fact he is standing in a hall trying to figure out where to go next) is for reflection upon what has been “heard” or perhaps not listened to or appreciated – what have I observed on the subconscious level – good/poor relationships between a party and his or her counsel; the reaction of one party to the comment of another – this by everyone in the room except, hopefully, the mediator. Re-framing; re-examination, approaching the issue from different angles… Adapting as if it is the mediator, not the parties, suffering in the power imbalance. Engaging in a group session in a conversation with a party is not meant so much to talk and take more time than is necessary, but to provide the parties observing the conversations between the mediator and opponent, perhaps for the first time, to listen to the positions, interests and perspective of the opposition.

On more than one occasion, when recapping the events of a long day with the parties in caucus or in joint session it is a party who will recognize a key point or obstacle causing impasse and provide the impetus to move on. Ironically, it is rare when those instances occur, that the advantages of an effective process provided by a well-schooled and committed mediator are recognized.

Filed Under: Mediation, Mediation 101 Tagged With: mediator

Mediation 101: What should I expect?

July 2, 2012 by David Leave a Comment
Q: I have a case which is going to Mediation; do you have any suggestions about what I should or can expect from the Mediator in the way of preparation?
A: One of mediation’s strongest attributes is that the process is flexible enough to accommodate any needs and expectations of the parties. Often an experienced mediator will recognize the need to take the time to educate all participants in the process and expectations going in.

 While approaches of individual mediators can vary considerably based on substantive issues as well as personal preference; almost all agree today that a thoughtful “Pre-Mediation Process” can not only streamline the actual mediation session, but also greatly enhance the opportunity for a successful outcome.

Pre-mediation can be as simple as a telephone conference call with the lawyers and/or parties to the mediation, or can include reaching an agreement upon submissions of written materials prior to the actual mediation meeting. Developing consensus amongst the parties, with the mediator’s involvement on even rudimentary issues, such as dates and locations, submissions to the mediator, can set the stage for subtle shifts in party perspective that prove invaluable as the mediation effort goes forward.
Such thoughtful groundwork, if conducted well can in effect guide the parties towards more positive ways to express their views on the conflict, and establish opportunities to view the dispute from the “…other guys’ perspective.”

 

Filed Under: Mediation, Mediation 101 Tagged With: mediation, mediator

Contact

David Fitzsimons - Principal
ADRFitz LLC
Alternative Dispute Resolution
Mediation. Arbitration. Peacemaking.
"Its Settled, Then"
Telephone: (717) 579-3503
Email

Archives

  • November 2012
  • October 2012
  • August 2012
  • July 2012
  • June 2012

Categories

  • Ethics
  • Mediation
  • Mediation 101

© Copyright David Fitzsimmons. All rights reserved. Nothing on this site is to be taken as legal advice.
No communication between David Fitzsimmons and readers of this site is to be inferred to cause an attorney client relationship.