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MEDIATION PHILOSOPHY
Mediation provides a last opportunity for self-determination of the outcome by the parties themselves,
as well as the possibility for negotiating creative solutions unavailable through arbitration or litigation.
The mediator’s task is to help navigate the parties through this process by any number of means including
facilitation and evaluation/assessment based on the mediator’s industry specific knowledge and professional
expertise and judgment.
A mediator must always listen for opportunity, be patient and steady, yet tenacious
in a commitment to stay with the process through all its expected hurdles, and when appropriate use humor to
remind everyone of their humanity. A steady stream of tough questions during private caucus can be expected.
Construction projects usually begin as a honeymoon in “good faith and fair dealing” (from Richard Sweet) but
somewhere along the line trust and communication and the ability to negotiate with the other party has broken down.
Mediation is a time to consider and focus on what is now reasonable rather than only on what is “right” in the minds of each
party.
The pre-mediation period is critical in preparing the parties and their advocates for what is expected.
Attorneys must be prepared and have their clients prepared to negotiate and to be open to listening and offering creative
solutions, otherwise there is little chance to succeed. A mediator must be prepared by requesting and reading thoroughly
material sent to them about the case.
I recommend a private confidential telephone conversation with each party prior to the session to help prepare
the groundwork for the session, gauge the possibility of success, manage expectations and establish a rapport
before we meet in session. There is no reason to waste valuable time and money on fishing expeditions by either party.
Of course, the confidential and voluntary nature of mediation must be respected at all times.
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USA - MINNEAPOLIS
3505 West 28th Street
Minneapolis, MN 55416
Phone: 612.926.1981
Fax: 612.926.8401
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