The Edmond Sun

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Discussion

July 30, 2010

Mediators can save time, money in some cases

SUSAN B. LOVING The Edmond Sun

EDMOND — Q: I am considering mediating my divorce case. What happens in a mediation?

A: As we discussed in our column last week, a mediator is a neutral party who assists people in resolving disputes between them. The mediator does not decide who is right or wrong, but helps the parties decide how to settle their dispute.

A court may order mediation, a client may suggest it to his or her attorney or an attorney may suggest mediation to save a client time and money. Often, parties to a lawsuit can see the strengths of their own case, but have difficulty accepting the fact that the other side’s case has strengths, too. An attorney may suggest mediation as a way to help the other side — or her own client — see that expectations about the result of the case may not be realistic. Even the strongest cases may be lost at trial, because no one can predict what facts a jury may find most persuasive.

Mediations usually are held at the mediator’s office. Many attorneys are trained mediators, although a mediator does not have to be an attorney. Both parties, their attorneys and the mediator usually begin by meeting together, although if there is animosity between the parties, the parties or mediator may decide against this face-to-face meeting. Whether together or separately, the mediator explains to the parties the process, and allows them to ask questions. Often, the mediator then allows each party’s attorney to explain that party’s position, so that both the mediator and each side hears the facts the other side considers important.

Although the entire mediation can occur with all parties in one room, almost always the parties then move to separate private rooms. The mediator will then meet with one party — often for an extended period of time — discussing in detail the issues to be settled and the party’s settlement position. Usually, that party will then make a settlement offer. The mediator will then have the same discussion with the second party, and convey the settlement offer. This back and forth process may continue for several hours or all day.  

Mediators are trained in various techniques to aid the parties to reach a settlement. But even if the mediation does not immediately result in settlement, it often opens the door to resolution later.



SUSAN B. LOVING is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send your questions to questions@lldlaw.com.

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