My Approach to Mediation
The essence of a good mediator is impartiality, persistence and adaptability. No single approach works with all people or all cases, and an experienced mediator will change tactics and style to match the needs of individual clients. I talk with each lawyer before the mediation to learn about legal issues, personal dynamics and non-legal obstacles to settlement. If necessary I work before the mediation session to facilitate exchanges of information or obtain the presence of key decisionmakers.
Many of the cases that come to me present complex legal, pesonal, and business issues. In order to settle them I may manage hard bargaining, deal with sharp disagreements over the merits and confront strong feelings. I investigate facts, ask hard questions, press for offers, advise bargainers, predict litigation outcomes, make proposals, and deal with other obstacles as needed in each case.
I am willing to use unorthodox tactics in the service of settlement. With the assent of counsel I may, for example, set up direct discussions among principals or meet offsite with a litigant. If a case does not settle at mediation I will follow up with counsel. A recent article in Dispute Resolution Magazine titled “Nearing the Finish Line: Dealing with Impasse in Commercial Mediation,” describes my approach to bargaining impasses. I take it as a personal challenge to settle every case.
My approach is also described in a new book, Mediating Legal Disputes, published by the ABA. For more information please feel free to contact me at degolann@gmail.com. I look forward to working with you to resolve your case successfully.
Dwight Golann
