John’s Approach to Dispute Resolution

How Mediation Works

The most critical element for a successful mediation is the parties’ willingness to meet with a third-party neutral (mediator) to explore the possibility of resolving their differences. Some of the ways John makes mediation work include:

  • offering a structured process to resolve the dispute, including:
    • creating a safe place for parties to communicate with each other
    • helping parties distinguish their interests (needs, wants, concerns) from their positions
    • identifying the problem to be solved
    • identifying options for mutual gain
    • helping parties compare these options to their best alternatives to a negotiated agreement
    • crafting a sustainable and enforceable agreement
  • using approaches that differ from what the parties’ lawyers have considered, including empirical legal techniques, decision trees and approaches arising from law & economics
  • finding ways to defuse emotions and other barriers to joint problem solving.

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