Analytical Mediation

Serving as a mediator or facilitator in complex, large group processes involving parties with diverse and sometimes conflicting concerns requires sensitivity to the needs and negotiating styles of the parties. No one style is appropriate for all groups. Initially, a more reserved style may be appropriate as parties have the opportunity to express themselves and interact with other interests. If communication becomes difficult because of emotion or the inability to understand others, the neutral may need to manage the dialogue to clarify the messages being exchanged. Various tools can be used to encourage parties to consider different potential viewpoints. Our approach depends on the case and the format requested by the parties, but generally we take a less directive approach, and encourage parties themselves to reach a mutually beneficial outcome. However, where the process appears to be reaching impasse we may be more directive, including discussing the risks of litigation and the probabilities of success or failure. We are firm believers in helping parties consider their best alternatives if they are unable to reach an agreement, so they can better assess the value of settlement. We believe that persistence, a not-too-large ego, and good humor are all good characteristics of a facilitator/mediator of compile, multi interests disputes. At Bickerman Dispute Resolution, PLLC, we do not limit our selves to one approach, but rather adjust our style to reflect the realities of the moment.