Tag Archives: litigation

Do Litigators Make Great Mediators?

Do litigators make great mediators? Sometimes, but not always.

If a certain type of case is involved, and the mediator has tried many cases involving that subject matter, then litigation experience can inform the mediation. However, in the vast majority of cases litigation experience is not necessary. Sometimes it can even be harmful if the mediator cannot put aside her normal adversarial nature that is cultivated when one is a litigator.

The most important trait in a mediator is the ability to gain the trust of the participants. Once there is trust, there can be resolution.

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Mediation Can Save a Marriage

I don’t mediate divorce cases, but I do mediate sexual harassment cases. By their very nature, sexual harassment cases are distasteful, embarrassing and tend to show people at their worse. They call out for confidentiality.

If sexual harassment cases are allowed to continue, even to the deposition phase of litigation, they can do irreparable harm to a marriage. Allowing a spouse hear the gory details of a sexual harassment case is sure to doom a marriage. In other words,  the less the spouse knows the better if the marriage is to survive.

Mediations are confidential, and a spouse can be kept out of the room. Help save a marriage. Don’t litigate your sexual harassment case. Mediate it.

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