Mediation

Our department and others in the firm have extensive experience in mediation which, where it works, is generally thought of as the most economic and quickest way to resolve disputes out of court. Of course, the role of mediators in settling quarrels goes back to the dawn of civilization. But less well–known is the fact that the so–called "mediation explosion" which led to mediation’s present wide–spread acceptance and use in the United States and its still expanding use in many places abroad is a distinctly home–grown phenomenon that began in around the 1980’s.

This "explosion" was first ignited by family lawyers overwhelmed by the psychic and economic misery that court contested divorces were so frequently imposing on their clients and their children. From family law, it has spread to virtually all areas of civil law, frequently now even being required by many courts as a prerequisite to allowing a litigation to proceed to trial.

But in mediation one size does not necessarily fit all. There are various, sometimes competing philosophies of mediation, ranging from purely facilitative and so–called "transformative," where the mutual satisfaction of the competing parties is regarded as paramount, through highly evaluative ones where a final and economic resolution is absolutely essential. Evaluating the dispute and picking the "right" method or combination of methods for handling it is often vital to a successful outcome. We pride ourselves on being skilled in making such judgments, in being able to move eclectically from one approach to another during a mediation, as well as in being knowledgeable about the full range of other settlement options where mediation is not appropriate.