- Advertisement -

Very few Arbitrators or Mediators, however astute, can truly appreciate what a Party is feeling in the midst of mediation or Court mandated settlement conference. Similarly, even the most committed and well-meaning Counsel may not be able to provide the level of emotional support or guidance a client needs in this setting as they have never walked in the client’s shoes. Until you have been a party to a dispute yourself, not merely an advocate or a neutral, you may imagine, but have not experienced the feelings of fear, anger, disappointment, frustration and confusion that parties bring to the appropriate dispute resolution process. Having experienced all of the roles at play— Arbitrator, Mediator, Defense counsel, Plaintiff’s counsel and finally and most critically, as a Party, one can understand and appreciate more directly the stress Parties face in this process. If you have been a Party, you are more acutely aware of how trying the experience can be and thus understand the value of considering that perspective. Bearing this in mind, Neutrals and Counsel can take some straightforward steps to make the experience more tolerable for all parties, increasing the chances of reaching a successful and time-efficient resolution.

source: thelegalintelligencer.com

Previous articleCenter for Community Based Resolution lets parties solve their own problem
Next articleGov’t details ‘1-district 1 factory’ policy
ADR Daily is a one stop news portal with a focus on providing world-class Appropriate Dispute Resolution, Human Resource Management and Labour Relations news, and also a resource base for all ADR, Human Resource and Labour Relations (Industrial Relations) issues. With the growing trends on increased demand on the ADR, HRM and IRM practice, there is the need for a resource center where practitioners can access news, follow-up on and contribute to development in their field of practice. The ADR Daily news portal seeks to become a pivotal partner in not only addressing those needs of professionals, but also creates a network of professionals across the continent and the world that will bring together their expertise to enhance best practice.