Mediation

• What is the difference between Mediation and Legal representation?
• How is this different?
• Does it work?
• How is mediation different than practice of law?
• How do I know if I need a mediator or attorney?
• Can you do both legal representation and mediation for same case?
• If you are paid as an attorney, why would you care about saving your clients legal fees?

What is the difference between Mediation and Legal representation?

As an attorney, I represent one side of a dispute. As a mediator, I represent the dispute itself.

How is this different?

It is very different. The legal process requires one to advocate for one side and use all ethical and legal means to advance the goal and agenda of one side. Through mediation, a trained mediator works towards agreement between both parties so both parties win.

Does it work?

In certain circumstances, it absolutely works. Disputes between people begin as seeds of doubt and mistrust that when allowed to take root can easily grow into a very expensive legal cases.

How is mediation different than practice of law?

Think about the following business dispute. Two sisters are fighting over one orange. Both want the entire orange and both insist that they get the whole orange and not a portion of the orange.

In the legal system, each sister would retain her own attorney and the attorneys would begin a formalized and expensive fight over the orange. At the end of the day, one sister would win but factually both sisters will have lost through increased personal anger towards each other and large legal bills. The financial and personal costs of the legal battle will exceed the value of the orange.

A trained mediator through the mediation process instead would discover that one sister wants the orange because she wants to use the rind to make orange marmalade… and that the other sister wanted the pulp to make orange juice. A trained mediator would prevent hostilities from increasing; address the dispute so both parties win; all at significantly lesser costs.

How do I know if I need a mediator or attorney?

Typically, my clients contact me as an attorney. I will always recommend mediation when it appears that mediation will better serve my client than legal representation.

Can you do both legal representation and mediation for same case?

Sometimes I begin disputes as legal conflicts and work towards settlement through applying mediation skills. Such an approach is risky in that it requires the other attorney and client to be reasonable. Fortunately, the cost of their legal fees and the risk of loss in court often results in even the most recalcitrant opposing side becoming more reasonable. This is often thought of as using a lawsuit to bring the other side to the table when nothing else works.

If you are paid as an attorney, why would you care about saving your clients legal fees?

From a business sense, my clients tend to stay with me over the years plus tend to refer me to other people. 

From a personal sense, I have a deep desire to help people succeed and recognize the limitations of the legal system in achieving my client's goals. I also believe in 'voluntary simplicity' which is a lifestyle that minimizes consumption and the pursuit of wealth and material goods in order to attain a simpler but more meaningful life.