Let’s talk about the role of a mediator. First, let’s begin with what a mediator is not. A mediator is not a judge, jury or arbitrator.
The mediator’s role instead is to help the parties to litigation resolve the case through a process that gets each side to:
- air disputes
- identify the strengths and weaknesses of their case and making a good risk/benefit analysis
- understand that this is a compromise – a win-win by which the parties each accept what they need, even if they don’t get every thing they want, and
- agree on a solution.
The best mediators are folks that have actually tried cases like yours and have had training and experience in dispute resolution.
A mediator will help the parties by getting them to understand the cost of litigation and the risks of loss with the benefits of resolution.
That means your mediator will help you focus on the court where the case will be tried, the kinds of juries you might see and should help give a neutral analysis of the weaknesses of each side. You cannot get the best result without knowing what your case is or isn’t worth.
At the end, the mediator should enable the parties to control the result – and not let twelve jurors or a judge, who are not living your case every day, decide it for you.
I hope this video is a good overview for you, and I look forward to helping you take charge and settle your own case.