Today for ABA Mediation Week 2014, we asked a few of our neutrals, “What is a positive or inspirational experience you have had with mediation?” Their answers describe how mediation offers parties the opportunity to better understand and reestablish relationships with the other side by encouraging them to negotiate.
Hon. Philip Bronstein, (Ret.) replied that mediation can ‘take off the blinders,’ as parties often ignore the needs of the other side. Unlike litigation, mediation encourages parties to take a step back from their positions and work together to resolve their disputes. According to Judge Bronstein, learning to compromise not only hastens the mediation process, but can also show parties where the other side is coming from. Following a mediation, parties may often improve their business relationships in the future because of the insight afforded by the mediation process.
Hon. Daniel Kelley, (Ret.) answered that mediation makes it easier for parties to reestablish relationships strained by a legal dispute. Being encouraged to sit face to face with the other side and compromise can bring about a mutual understanding between parties. Judge Kelley commented that this is especially true for parties that have a long history together. Mediation can be essential to mending that relationship. In mediation, differences, as well as cases, are settled.
For Judge Bronstein’s bio, please click here.
For Judge Kelley’s bio, please click here.
To learn more about Mediation Week, click here.
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