Mediation
Frequently, parties who are serious about ending the dispute are capable of reaching agreement before exchanging proposals in the traditional "caucus" method. I view the caucus sessions as an opportunity for the parties to "try out" various proposals. At that point I can be more evaluative, and interject my view of the strengths and weaknesses of the positions promoted. By doing so, I try to reproduce the pressure of the "courthouse steps," but hopefully long before the resources have been utilized to actually get to trial.
I expect parties to come to the table with sincere plans to put the dispute to rest and to stop the loss of time, money and manpower through a resolution that they control, rather than one that is imposed on them. To do that, however, parties have to be prepared to consider compromises and be prepared to retreat from hard positions they may have taken previously. My role, in that case, is to encourage trust in my knowledge of the field and my experience of what actually happens in the courtroom. I am never more frustrated than when I learn that the parties at the table have little authority to resolve the matter, or, worse, no inclination to resolve it.
I find mediation to be among the most rewarding parts of my practice. I take great pride and pleasure in helping opposing parties fashion creative solutions to difficult disputes.
In addition to standard "face-to-face" mediation, I have significant experience in online dispute resolution.
Copyright © 2010 Mark Wachter . All Rights Reserved.
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As a trial lawyer for over 40 years, I have prepared hundreds of cases for trial or some other form of fact-finding. The time and resources involved are substantial and have increased each year. Despite all the discovery, witness interviews and witness preparation, nearly 90% of all cases settled "on the courthouse steps." It seems that the parties are so often caught up in the process of preparation for trial, that they have lost their view of the interests that drove them to litigate. In other words, since the dispute began, the principals have not had an opportunity to sit across the table and really discuss the dispute and try to come to a resolution.
I view mediation as an opportunity for the parties to take a step away from litigation process and focus on the problem and possible resolution. I generally prefer to have the parties work together toward a resolution as long as it is fruitful, before meeting with each side. Frequently, getting the parties together, away from depositions and pretrials, gives the parties an opportunity to listen to both views of the dispute. Only after exhausting that approach do I ask the parties to separate for purposes of formulating proposals for resolution.
