SO, here I am on yet another airplane. This time I’m headed to Tampa, Florida for a four day mediation stint across the state with events in Miami, Fort Lauderdale, Fort Myers and West Palm Beach. I can’t help but wondering, “Why me?” For that matter, “Why is any particular mediator chosen?”
Having had a full time mediation practice for now over 17 years and at times working in three states simultaneously, the questions repeat themselves frequently. “Why me?”; “What makes me the mediator that I am?”; “Just what is a good mediator?” The root question here is:
Why does someone choose a particular mediator?
Say What you Mean
Not What You Think You Mean
The Plain Meaning Rule in Mediation
Often times what we mean to say, or even what we actually say, comes across and is interpreted as something completely different than what we intended. This is even more evident in this the digital, or internet age. However, the lessons from long ago remain the same.
A more conscious manner of assisting parties in mediation
Most mediators and counsel employing their services are aware of the three main types of mediation: Evaluative, Facilitative and Transformative. Depending upon the nature of the dispute, counsel are quick to assert their chosen style. In observation, this is generally based upon their own needs and familiarity with that specific style. However, perhaps a moment of thought and consideration is in order for what is truly in the parties’ best interests.