Cicero said: “The litigious spirit is more often found with ignorance than with knowledge of law.”
Most simply defined mediation is facilitated negotiations. Mediation gives the client the control over decision making. The mediator is a “neutral” to the negotiations who acts to break impasses and to act as a catalyst focusing clients on their values and interests.
Mediation is both a science and an art.
Mediation is the art of:
- Facilitating discussion without being part of the conversation.
- Listening to what is and is not being said and making it heard.
- Understanding the dynamics of disagreement and how to go beyond it.
- Going beyond impasse to agreement, beyond agreement to settlement.
Mediation is the science of:
- Analyzing the context of a dispute and breaking it down to the manageable.
- Discovering value hidden within content of negotiations.
- Guiding negotiations and creating options.
- Managing information and resources during the process.