What Attorneys Expect From Mediators:
Gene Roberts, Attorney-Mediator on February 13, 2011, attended a candid conversation by a distinguished group of attorneys about what they expect from their mediators. The panel unanimously agreed on a general proposition that Gene recorded:
“The panel wants mediators who will do their job and provide value. They don't want mediators who view the mediation as something to check off a list. Instead, they want a mediator who really believes in the process, even when the participants have given up. And they want to be treated well, including follow-ups when the dispute doesn't resolve at the first mediation.”
This Mediator’s Response:
Those Attorneys accurately described my attitude and methods of mediation.
I am a strong believer in the value of mediation, and am settlement driven. My goal is to have both parties leave the mediation satisfied that they have achieved a reasonably satisfactory settlement, and have been well-treated by the mediator.
Winston Churchill, one of the 20th Century’s most admired men, stated my position, “Never give up. Never, never, never give up.”
If a case does not settle during the mediation session because of missing documents or other information, I declare a recess and keep in contact with the parties until the data has been gathered. Usually at that time we settle over the phone or by email.
If a mediation session ends in an impasse, I continue in contact with the parties until it is settled or until the trial date. Often, after a party has had a few days to think about it, I can phone and get an agreement to settle.
One of my recent multi-party cases did not settle in the half day mediation session because of a lack of data from several sources. I recessed the mediation and assured the parties that I would continue working for settlement by phone and email, and that there would be no additional fee unless we had to reconvene. Negotiations dragged on for eight months. Finally I called the parties back together and we settled.
You Will Get Value if you name Joe B. Hewitt as mediator. I have been settling cases in mediation for courts in Dallas and contiguous counties since 2002.
Rockwall County Courthouse
Specializing in Contract and other Business Disputes, and Personal Injury.
Experienced in Construction, Labor, Consumer, Family Conflict Resolution.
Offer Workshops, and Seminars: Joe is available for Conflict Resolution training for schools and the workplace.
Meeting facilities conveniently located in county of jurisdiction. Dallas, Tarrant, Ellis, Kaufman, Rockwall, and Collin.
(Above: Rockwall County Courthouse, photo by Joe B. Hewitt.)
Ms. Shawn Tebbetts
Ms. Shawn Tebbetts