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:
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- 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.
- offering a structured process to resolve the dispute, including: