Arbitration & Mediation

Another Lawyer Gets His Wings

By Victoria Pynchon

Chris Hill's Mediation Training 

By taking the role of the mediator in particular, I had to take off my advocate hat and force myself to let the parties work to a solution despite my desire to jump across the table and shake them until reason, and what I thought was the proper legal solution, prevailed.  I found it difficult to sit there and just listen before doing something I am far from used to outside of a client counseling role, namely remove (instead of add) the types of loaded words that all lawyers use in advocacy and to replace them with more neutral words when clarifying the parties interests.

By the end of a couple of the role plays my brain hurt because of the use of mental muscles that I hadn't used out in the open.  By trying (sometimes sucessfully, sometimes less so) to remove my past experience as an attorney in mediation and as a litigator in order to guide the parties to a decision with which they could live and that they came to on their own, I learned how hard it is sometimes to let the process work.  I gained a better understanding and appreciation for good mediators who can take two parties that have been at each other's throats for nearly a year and bring them to a solution.

Welcome to the club, Chris!

Full post as published by Settle It Now Negotiation Blog on May 31, 2010 (boomark / email).